Customer Support

DR. EDWIN SIMON PETER OTIENO NYAURA
V.
INCE MICHAEL JULIAN

(2000) JELR 104190 (CA)

Court of Appeal 12 Jun 2000 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:civil misc appl 60 of 00
Judges:Samuel Elikana Ondari Bosire
Location:Nairobi
Other Citations:DR. EDWIN SIMON PETER OTIENO NYAURA v. INCE MICHAEL JULIAN[2000] eKLR

RULING

This is the applicant's third attempt to file a competent appeal. His first appeal was dismissed because his counsel then appearing for him did not attend court. It later transpired that the appeal was in any event incompetent as the counsel, Mr Orieyo, signed the Notice of Appeal and memorandum of appeal when he did not hold a practising certificate. The applicant thereafter successfully moved this court for an order extending the time within which to file and serve a fresh notice of appeal and a record. He acted promptly and filed the same. When his appeal came up for a hearing it was discovered that his advocates did not certify the record of appeal as is mandatorily required under rule 85(5) of the Court of Appeal Rules.The appeal was struck out for being incompetent. Thereafter within seven days, the applicant brought this application.

I sympathize with the applicant who has all along shown a desire to challenge the decision of the superior court given on 7th November, 1996…

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.