Paul Gitau Muchina (suing on behalf of the Estate of Regina Muthoni Gitau (Deceased) v Attorney General & another [2020] KEELC 2143 (KLR)
- Court
- Environment & Land Court
- Case number
- 2143
- Citation
- [2020] KEELC 2143 (KLR)
- Decided
- 15 June 2020
The Court held that the appeal was not complete and filed in accordance with the Civil Procedure Rules, thus the Court cannot summarily reject the appeal.
Facts
The Appellant, Paul Gitau Muchina, appealed against the judgment and subsequent orders of the Chief Magistrate's court in Thika Civil Case No. 687 of 2010. The Respondent, Josephine Kabura Gichuhi, filed a Notice of Motion application seeking to reject the appeal summarily or dismiss it for want of prosecution.
Issues
- Whether the appeal should be summarily rejected under Section 79B of the Civil Procedure Act
- Whether the appeal was complete and filed in accordance with Order 42 Rule 11 of the Civil Procedure Rules
Reasoning
The Court found that the Appellant had not filed the full record of appeal and certified copy of the Decree appealed against by the time the instant application was filed, making the appeal incomplete.
Outcome
The Court dismissed the application to reject the appeal summarily.
Orders
- The Court dismissed the application to reject the appeal summarily
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (3)
- Harbas Singh Soor...Vs...Fatima Ah Mohamed Court of Appeal No.120 of 2005
- Manases Kuria & Others...Vs...Njoroge
- Kamau t/a Sideview Garage...Vs...Fredrick Isuka Kalumbo
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