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Court of AppealOtherCivil Application No. Nai. 59 of 1999 (UR. 22/99)· [1999] KECA 86 (KLR)
ATTORNEY GENERAL vs KAMLESH MANSUKHLAL DAMJI PATTNI ) BERNARD KALOVE ) LIONEL JOHN SMITH [1999] KECA 86 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#This 1999 Court of Appeal record shows a hearing on fixing errors in a notice of appeal, but no decision was issued that day.
What this practically means
#Executive summary
#This document is not an appellate judgment but the notes of a hearing before Kwach, JA sitting in chambers on 24th March 1999 in a civil application by the Attorney General. The application, brought under rule 4 of the Court of Appeal Rules, sought leave to amend a notice of appeal lodged in the High Court on 15th February 1999 in an intended appeal from a ruling of Aluoch, J dated 11th February 1999 in Miscellaneous Application No. 1296 of 1998. Counsel Mbuthi Gathenji for the applicant sought to correct typographical errors - the date of the ruling and a mis-description of the Attorney General - or, in the alternative, leave to file a fresh notice of appeal and record of appeal, asserting the matter concerned a prohibition order of considerable public interest and that no prejudice would be caused to the respondents. Counsel Rebelo for the respondents opposed, submitting that a notice of appeal is a primary document that cannot be amended, that the existing notice was a nullity, that rule 44 was of no assistance, and that the supporting affidavit lacked candour in blaming the errors on a secretary. No ruling was delivered on the hearing date; the court reserved its ruling for 30th March 1999. Accordingly, no holdings, binding propositions, disposition or costs order can be extracted from this record, and it should not be treated as authority.
Key legal issues
#Legal principles established
#Court orders
#- 1.Ruling reserved to Tuesday, 30th March, 1999 at 2.30 p.m. in Court No. 2
- On appeal from
- High Court of Kenya at Nairobi
- Misc. Application No. 1296 of 1998
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ATTORNEY GENERAL vs KAMLESH MANSUKHLAL DAMJI PATTNI ) BERNARD KALOVE ) LIONEL JOHN SMITH [1999] KECA 86 (KLR)", Case Analysis (1999). Civil Application No. Nai. 59 of 1999 (UR. 22/99). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/86/eng@1999-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.