ATTORNEY GENERAL vs KAMLESH MANSUKHLAL DAMJI PATTNI ) BERNARD KALOVE ) LIONEL JOHN SMITH [1999] KECA 86 (KLR)
The 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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the notice of appeal lodged on 15th February 1999 can be amended to correct typographical errors in the date and description of parties
- 2.Whether, in the alternative, leave should be granted to file a fresh notice of appeal and record of appeal out of time
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
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- 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
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.
Notice of appeal is a primary document and cannot be amended. The existing document is a nullity and rule 44 of no assistance.
Issues in the judgment
#This document is not a judgment or ruling; it is a record of notes of a single-judge (in chambers) interlocutory hearing at which counsel made submissions and the court reserved its ruling. No decision was pronounced, so no holdings, binding propositions or disposition exist to extract.
The record contains an apparent typographical contradiction in the date of the High Court decision, which was itself the subject of the amendment sought.
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.