Mary Rono v Ben Gathogo & another [2019] KEHC 5217 (KLR)
- Court
- High Court of Kenya
- Case number
- 5217
- Citation
- [2019] KEHC 5217 (KLR)
- Decided
- 30 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and order of the trial magistrateCoramJ.N. MULWA, Presiding Judge
Holding
The appeal is incurably defective and incompetent.
Facts
The appellant, Mary Rono, appealed against a ruling and order of the trial magistrate in Nakuru CMCC No. 557 of 2012 delivered on the 10th June 2014.
Issues
- Whether the failure to extract and file the order from the ruling appealed from renders the appeal incompetent.
- Whether the appellant has the right to be heard and the procedural rules that ought to be adhered to give fair chances to being heard to all parties to a dispute.
Reasoning
The appellant failed to extract and file the order from the ruling appealed from, which is a mandatory requirement under the Civil Procedure Act. The failure to include the court order or decree in the Record of Appeal renders it fatally defective.
Outcome
The appeal is struck out with costs to the 1st Respondent.
Orders
- The appeal is struck out with costs to the 1st Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 42 rule 2 Civil Procedure Rules
Cases cited (4)
- Chege v Suleiman (1988) e KLR
- Prime Rock Company v Joseph Mwangi Ndegwa (2019) e KLR
- Salama Beach Hotel Ltd v Kenyariri & Associates Advocates & 4 Others (2016) e KLR
- Floris Pierro & Another v Glancario Falasconi (as the administrator) of the Estate of Santuzza Billion alias Santuzza (2014) e KLR
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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