Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealStruck OutCivil Appeal No. 128 of 1994

Kihiu Mwiri Farmers Company Limited v Standard Chartered Estate Management Limited & Coffee Board of Kenya

Court of Appeal
7 October 1996
0 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal struck out an appeal because the record lacked a certified copy of the order being appealed, confirming this requirement is mandatory.

What this practically means

#

Executive summary

#
This is a brief ruling of the Court of Appeal at Nairobi delivered on 7 October 1996 by a bench of Akiwumi, Tunoi and Pall, JJ A, in Civil Appeal No. 128 of 1994, an appeal by Kihiu Mwiri Farmers Company Limited against a ruling of the High Court (Shah J) dated 1 July 1995 in H.C.C.C. No. 6 of 1994, in which the respondents were Standard Chartered Estate Management Limited and the Coffee Board of Kenya. The Court noted a single fatal defect: the record of appeal contained no certified copy of the order appealed against. It held that the certified copy is a mandatory requirement and that non-compliance with the rule renders the appeal incompetent. Exercising what appears to be its inherent power to strike out incompetent appeals, the Court struck the appeal out and made no order as to costs. The ruling contains no discussion of the merits, no citation of authorities or statutory provisions, and no separate opinions; it is a single judgment of the whole court. Its binding significance for lower courts lies in the affirmation that the certified-copy requirement is mandatory and that an appeal filed without it is incompetent and may be struck out.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether an appeal is competent where the record contains no certified copy of the order appealed against.

Key legal issues

#
01

Competence of an appeal lacking a certified copy of the order appealed against

Holding

The appeal was incompetent and was struck out because the record contained no certified copy of the order appealed against, which is a mandatory requirement.

Reasoning

The Court treated the requirement of a certified copy of the order appealed against as mandatory rather than directory. Non-compliance with that rule is not a mere irregularity capable of being excused: it goes to the competence of the appeal itself, leaving the Court no discretion but to strike the appeal out. No order as to costs was made.

p. 1

Legal principles established

#
  • A certified copy of the order appealed against is a mandatory requirement; failure to include it in the record renders an appeal incompetent and liable to be struck out.

Court orders

#
  1. 1.The appeal is struck out for non-compliance with the mandatory requirement of filing a certified copy of the order appealed against.
  2. 2.No order as to costs.

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority
majority
On appeal from
High Court of Kenya at Nairobi
H.C.C.C. No. 6 of 1994
Jurisdiction invoked
Appellate jurisdiction of the Court of Appeal over a ruling of the High Court (Civil Appeal No. 128 of 1994); the specific constitutional or statutory provision is not stated in the judgment.

Relief refused

#

Prosecution of the appeal

The record lacked a certified copy of the order appealed against, a mandatory requirement whose non-compliance renders the appeal incompetent.

p. 1

Costs

There will be no order as to costs.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

There is no certified copy of the order appealed against in the record. It is a mandatory requirement.
p. 1Mandatory nature of the certified-order requirement
Noncompliance with the rule renders the appeal incompetent and it be and is hereby struck out. There will be no order as to costs.
p. 1Final orders - striking out and costs

Issues in the judgment

#
minor

The judgment is a very short ruling and does not identify the specific rule requiring a certified copy of the order appealed against, nor the constitutional or statutory basis of the appeal.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kihiu Mwiri Farmers Company Limited v Standard Chartered Estate Management Limited & Coffee Board of Kenya", Case Analysis (1996). Civil Appeal No. 128 of 1994. Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.