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Court of AppealStruck OutCivil Appeal No. 171 of 1995· [1999] KECA 159 (KLR)

KENYA ROYAL MEDIA SERVICES LTD. vs KENYA TELEVISION NETWORK LTD. [1999] KECA 159 (KLR)

Court of Appeal
29 July 1999
JGJ.E. GicheruALA.A. LakhaEOE. Owuor
193 words in judgment
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The bottom line

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Kenya's Court of Appeal struck out Royal Media Services' appeal because its notice of appeal was not served on all intended parties, ending the case on a procedural technicality.

What this practically means

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Executive summary

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This is a short order of the Court of Appeal at Nairobi (Gicheru, Lakha and Owuor, JJ.A.) dated 29th July, 1999, disposing of an application under rule 80 of the Court of Appeal Rules by the respondent, Kenya Television Network Ltd. The application sought to strike out the notice of appeal filed on 26th May, 1995 and the appeal filed on 6th October, 1995 in Civil Appeal No. 171 of 1995, on the ground that the notice of appeal was not served on all intended parties. The appeal lay from a ruling and order of the High Court of Kenya at Nairobi (Justice Hayanga) dated 24th May, 1995 in H.C.C.C. No. 1058 of 1995. At the hearing, Dr. Kuria, counsel for the respondent, conceded that the application should succeed, a concession the Court viewed as proper. On that basis, and without any contested argument, the Court struck out both the notice of appeal and the appeal, with costs of the appeal and of the application awarded against the appellant. The judgment is a single order of the whole court with no separate opinions and no dissent. It contains no discussion of the merits of the underlying dispute, cites no authorities, and its only binding significance is as an instance of an appeal being struck out under rule 80 for defective service of the notice of appeal.

Key legal issues

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01

Striking out of an appeal for failure to serve the notice of appeal on all intended parties

Holding

The appeal and notice of appeal were struck out, with the respondent's counsel properly conceding that the application should succeed.

Reasoning

The respondent's advocate, Dr. Kuria, conceded that the application under rule 80 should succeed because the notice of appeal was not served on all intended parties. The Court accepted the concession as proper and struck out both the notice of appeal and the appeal, awarding costs of the appeal and the application to the respondent. No contested reasoning was necessary given the concession.

p. 2

Legal principles established

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  • An appeal may be struck out under rule 80 of the Court of Appeal Rules where the notice of appeal was not served on all intended parties.

Court orders

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  1. 1.The notice of appeal filed on 26th May, 1995 and the appeal filed on 6th October, 1995 are struck out
  2. 2.Costs of the appeal and of the application awarded to the respondent
On appeal from
High Court of Kenya at Nairobi
H.C.C.C. No. 1058 of 1995
Jurisdiction invoked
Rule 80 of the Court of Appeal Rules (application to strike out notice of appeal and appeal)

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, "KENYA ROYAL MEDIA SERVICES LTD. vs KENYA TELEVISION NETWORK LTD. [1999] KECA 159 (KLR)", Case Analysis (1999). Civil Appeal No. 171 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/159/eng@1999-07-29

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