Trimborn Agricultural Engineering Limited v David N Kabaiko & 2 Others [2000] KECA 105 (KLR)
The bottom line
#Kenya's Court of Appeal struck out Trimborn's own Notice of Appeal without opposition, ending the appeal and awarding costs to the respondents.
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 applicant's Notice of Appeal dated and filed on 25 June 1996 should be struck out
Key legal issues
#Whether the Notice of Appeal filed on 25 June 1996 should be struck out
The court struck out the Notice of Appeal, the respondents having raised no objection to the application.
The applicant moved by notice of motion dated 5 April 2000 seeking to strike out its own Notice of Appeal dated and filed on 25 June 1996. Counsel for the 1st and 2nd respondents did not object to the application. In the absence of any opposition, the court granted the order sought and awarded costs to the respondents. The ruling is extremely brief and records no substantive legal analysis or reasoning beyond the parties' positions.
Legal principles established
#- Where all respondents to an application do not object to the striking out of a Notice of Appeal, the Court of Appeal will strike out the notice unopposed and award costs to the respondents.
Court orders
#- 1.The Notice of Appeal dated and filed on 25 June 1996 is struck out
- 2.Costs of the application awarded to the respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal over its own process (notice of appeal striking out application); no specific constitutional or statutory provision is cited in the judgment
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.
In these circumstances the order of the court is that the said notice be and is hereby struck out with costs to the respondents.
Mr. Miyienda, for the 1st respondent, and Mr. Kagucia, for the 2nd respondent, do not object.
Issues in the judgment
#The judgment records counsel appearing only for the 1st and 2nd respondents; no appearance is recorded for the applicant or the 3rd respondent, though the order binds all parties and costs are awarded to 'the respondents' generally.
The applicant applied to strike out its own Notice of Appeal, which is unusual; the judgment gives no reasons for the application, and the outcome classification 'allowed' reflects only that the application (not an appeal) succeeded.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Trimborn Agricultural Engineering Limited v David N Kabaiko & 2 Others [2000] KECA 105 (KLR)", Case Analysis (2000). Civil Misc. Appli. 103 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/105/eng@2000-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.