ALEX GICHUA MWATHA V JEREMIAH MURIUKI GATHIMBA [2012] KEHC 2837 (KLR)
- Court
- High Court of Kenya
- Case number
- 2837
- Citation
- [2012] KEHC 2837 (KLR)
- Decided
- 19 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent appealed the Resident Magistrate's Order striking out the Appellant's suit for lack of locus standi.CoramH.I. ONG’UDI
Holding
The appeal is dismissed as it lacks foundation due to the absence of leave to appeal and the absence of an extracted order from the Ruling appealed against.
Facts
The Appellant filed a suit in Civil Case No. 6/2005 in Baricho, which was struck out by the Resident Magistrate for lack of locus standi. The Appellant appealed this decision.
Issues
- No leave to appeal was sought, contravening the provisions of Order 43 Rule 1 of the Civil Procedure Rules.
- There was no extracted order of the Ruling appealed against.
Reasoning
The Court of Appeal held that the failure to seek leave to appeal and the absence of an extracted order from the Ruling appealed against render the appeal incompetent.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 43 Rule 1
- Order 42 Rule 2
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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