Air Alfaraj Limited v Raytheon Aircraft Credit Corporation & another [2000] KECA 432 (KLR)
- Court
- Court of Appeal
- Case number
- 432
- Citation
- [2000] KECA 432 (KLR)
- Decided
- 21 December 2000
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out and dismiss the Record of AppealCoramR.O. KWACH, A.B. SHAH, E. O. O'KUBASU
Holding
The application to strike out and dismiss the Record of Appeal is dismissed with costs.
Facts
The applicant, Air Alfaraj Limited, sought to have the appellants' appeal struck out with costs, arguing that the order appealed against was not an order pursuant to the ruling of the superior court.
Issues
- Whether the order appealed against is an order pursuant to the ruling of the superior court.
- Whether the order should have taken the form of a preliminary objection being overruled rather than arising out of the hearing of an application under order 39 of the Civil Procedure Rules.
Reasoning
The court deprecates the abuse of the process of the court and dismisses the application, stating that the order was not an order pursuant to the ruling of the superior court but rather arose from the hearing of an application under order 39 of the Civil Procedure Rules.
Outcome
Appeal Proceeds to Hearing
Orders
- Costs assessed at Shs 20,000/=
- Order that costs be paid within the next 30 days failing which execution may issue.
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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