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Court of AppealOtherCivil Appeal 50 of 1997

ERASTUS CHEGE MAINA v KAMAU KOMU [1998] KECA 39 (KLR)

Court of Appeal of Kenya
22 September 1998
119 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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This Court of Appeal record is only an adjournment order — no decision was made on the appeal or the underlying High Court judgment.

What this practically means

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Executive summary

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This document is not a substantive appellate judgment but a brief procedural order of the Court of Appeal at Nakuru dated 22 September 1998 in Civil Appeal 50 of 1997, Erastus Chege Maina v Kamau Komu. The appeal, which lies from a High Court judgment of Lady Justice Ondeyo dated 17 November 1994 in H.C.C.C. No. 497 of 1990, came up for hearing before a bench of three Judges of Appeal: R.O. Kwach, G.S. Pall and E. Owuor. Because counsel, Mr. Mirugi Kariuki, was away, the court found that the appeal could not be heard that day. It accordingly removed the appeal from the day's list and stood it over generally, meaning no fixed return date was given. No issues were determined, no decision was made on the merits of the appeal or the High Court judgment below, and no costs order was issued. The order was made at Nakuru and bears the signature of R.O. Kwach, Judge of Appeal, with the copy certified by the Deputy Registrar. For briefing purposes, this record contains no binding propositions, holdings or citation treatment; it merely records an adjournment. Any analysis of the substantive dispute between the parties would require the eventual hearing judgment, which is not before us.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The appeal was taken out of the list for the day and stood over generally because counsel for a party was away.

    The bench

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

    majority
    majority
    majority
    On appeal from
    High Court of Kenya at Nakuru
    H.C.C.C. No. 497 of 1990
    Jurisdiction invoked
    Not stated in the document; the appeal arises under the ordinary appellate jurisdiction of the Court of Appeal (the document records only an adjournment order).

    Quotable passages

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

    As Mr. Mirugi Kariuki is away this appeal cannot be heard today. It is accordingly taken out of the list for today and stood over generally.
    p. 1Adjournment of the appeal

    Issues in the judgment

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    material

    The document is not a judgment on the merits; it is a procedural adjournment order signed by the Deputy Registrar, so no holdings, issues or costs can be extracted.

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "ERASTUS CHEGE MAINA v KAMAU KOMU [1998] KECA 39 (KLR)", Case Analysis (1998). Civil Appeal 50 of 1997. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/39/eng@1998-09-22

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