LUCAS CHANGWONY & 6 OTHERS v STANLEY CHEBIATOR [2006] KEHC 2158 (KLR)
- Court
- High Court of Kenya
- Case number
- 2158
- Citation
- [2006] KEHC 2158 (KLR)
- Decided
- 13 June 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in Eldoret CMCC. 803 of 1988CoramJEANNE GACHECHE
Holding
The appeal is struck out with costs to the appellants.
Facts
The suit was filed in November 1988 and a judgment in favor of the plaintiff was delivered in 1995. The defendants appealed against the judgment, but the appeal was dismissed.
Issues
- Jurisdiction of the court
- Defendants' opportunity to be heard
- Emphasis on legal technicalities
- Disallowance of application
- Sacrifice of natural justice
- Errors in law and fact
Reasoning
The court finds that the grounds of appeal except for grounds 5 and 6 do not touch on the judgment against which an appeal was not preferred. The court also notes that the court to which the appeal is preferred has the power to deal with the application.
Outcome
Appeal dismissed
Orders
- Memorandum of Appeal struck out with 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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