Agricultural Finance Corporation v Rono [2003] KECA 160 (KLR)
- Court
- Court of Appeal
- Case number
- 160
- Citation
- [2003] KECA 160 (KLR)
- Decided
- 28 February 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out the Notice of Appeal and Record of AppealCoramP.K. Tunoi, S.E.O. Bosire, E. Owuor
Holding
The application fails and is dismissed with costs assessed at Kshs 10,000/=
Facts
The respondent applied for both a temporary restraining injunction and a mandatory injunction in the High Court. The applicant sought leave to appeal against the mandatory injunction.
Issues
- Whether the applicant was obliged to seek leave to appeal against the mandatory injunction.
- Whether the draft extracted order was sent to the applicant for approval before being forwarded to the Court.
Reasoning
The court held that the application was brought under Order XXXIX and no leave to appeal is required for appeals from orders made pursuant to an application under that order. The draft order was not sent to the applicant for approval, but the court found that the respondent did not fail to comply with the provisions of Order XX rule 7 of the Civil Procedure Rules.
Outcome
Dismissed
Orders
- The notice of appeal dated 18th July, 2002 in Nakuru High Court Case No 14 of 2002 be struck out.
- The record of appeal filed pursuant to that notice of appeal be dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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.
Loading judgment…