Customer Support

DANIEL NKIRIMPA MONIREI
V.
SAYIALEL OLE KOILEL & 4 ORS

(2016) JELR 102890 (CA)

Court of Appeal 4 Nov 2016 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal (Application) 140 of 2015
Judges:Wanjiru Karanja, Hannah Magondi Okwengu, Festus Azangalala
Location:Nairobi
Other Citations:Daniel Nkirimpa Monirei v. Sayialel Ole Koilel & 4 others [2016] eKLR

RULING OF THE COURT

1. By a Ruling rendered at the High Court in Machakos on 23rd October, 2014, L. N. Mutende, J struck out with costs, the appellant’s petition dated 24th September, 2012. This was consequent upon the court upholding a preliminary objection raised by Daniel Monirei, the applicant herein, to the effect that the issues raised in the petition were res judicata.

2. The petitioner, Sayialel ole Koilel, being dissatisfied with the said ruling decided to file an appeal against the entire ruling. The Notice of Appeal, now impugned, is dated 30th October, 2014. It is part of the Record of Appeal, and is also annexed to the affidavit of Philip Ocharo in support of the chamber summons. The said notice does not bear any stamp of the court in which it was filed, to confirm receipt and filing of the same. We shall advert to that issue later.

3. The appellant subsequently filed the record of appeal on 5th June 2015, as can be deciphered from the record of appeal. The record was then s…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.