Consolidated Bank Limited v Mutisya & 2 others (Civil Appeal 43 of 2020) [2022] KECA 1155 (KLR) (21 October 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 1155
- Citation
- [2022] KECA 1155 (KLR)
- Decided
- 21 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at MakueniCoramAK MURGOR, C., KI LAIBUTA, JJA
Holding
The Court dismissed the appeal due to the appellant's pursuit of both a review and an appeal, which is not allowed under the Civil Procedure Act.
Facts
Boniface Kivindyo Mutisya initially sued Alfred Kavila Kivindyo, Consolidated Bank Limited, and Alma Solutions Limited in Makueni HCCC No. 5 of 2018. The 1st respondent alleged that the 2nd respondent, the appellant, and the 3rd respondent fraudulently caused the suit properties to be charged as security for a loan without his knowledge and consent.
Issues
- Incompleteness of the record of appeal
- Pursuing both review and appeal
Reasoning
The Court ruled that the appellant could not pursue both a review and an appeal simultaneously, as it would effectively abandon the option of appeal by opting for a review.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Code
- Civil Procedure Act
Cases cited (1)
- Mary Wambui Njuguna vs. William Ole Nabala & 9 others
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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