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JAMES MWASHORI MWAKIO v KENYA COMMERCIAL BANK LTD [1995] KECA 81 (KLR)

[1995] KECA 81 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
81
Citation
[1995] KECA 81 (KLR)
Decided
29 November 1995
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal without leave of the superior courtCoramJ.E. Gicheru, P.K. Tuni, A.B. Shah
Holding

The appeal is struck out with no order as to costs.

Facts

The appellant filed an appeal against an order made by the High Court of Kenya, but the appeal was not formally granted leave to appeal. Additionally, the copies of the appeal record did not contain a certified copy of the order.

Issues

  1. Incompetence of the appeal due to lack of formal leave to appeal
  2. Inconsistency in the copies of the appeal record

Reasoning

The court found the appeal incompetent due to the lack of formal leave to appeal and the inconsistency in the copies of the appeal record.

Outcome

Struck out

Orders

  • The appeal is struck out with no order as to costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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