Gabriel Nyangate v Kineni Farmers Co-Operative Society Limted & another [1996] KECA 146 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal because the appellant failed to provide a certified copy of the order being appealed, proving paperwork compliance is essential.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an appeal is competent where no certified copy of the order appealed against is furnished as required by rule 85(1)(h) of the Court of Appeal Rules
Key legal issues
#Competence of an appeal lacking a certified copy of the order appealed against
The appeal was incompetent for breach of rule 85(1)(h) and was struck out, with costs against the Appellant.
The Court of Appeal requires, as a condition of competency, that a certified copy of the order appealed against be placed before it. In this appeal no such certified copy was available. The Court did not engage with the merits at all; the defect was treated as fatal and the only appropriate course was to strike the appeal out and award the Respondent nominal costs of Shs.5,000/= payable within seven days.
Legal principles established
#- An appeal before the Court of Appeal is incompetent and liable to be struck out where no certified copy of the order appealed against is furnished in compliance with rule 85(1)(h) of the Court of Appeal Rules.
Court orders
#- 1.The appeal is struck out for breach of rule 85(1)(h)
- 2.The Appellant to pay the Respondent's costs of the appeal assessed at Shs.5,000/=, payable within 7 days
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Not stated in the judgment; the appeal was before the Court of Appeal under its appellate jurisdiction, but the specific constitutional or statutory provision is not identified
Relief refused
#Prosecution of the appeal on its merits
The appeal was incompetent because no certified copy of the order appealed against was before the Court
Costs
The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days.
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 before us. The appeal is therefore incompetent being in breach of rule 85(1)(h).
It is hereby struck out. The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days.
Issues in the judgment
#The judgment as supplied contains only the closing/disposition passage; the case title, appeal number, coram heading, background and reasoning are absent, so several fields (case number, appeal-from details, questions framed) cannot be populated from the text.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gabriel Nyangate v Kineni Farmers Co-Operative Society Limted & another [1996] KECA 146 (KLR)", Case Analysis (1996). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1996/146/eng@1996-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.