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Court of AppealAllowedCivil Misc Appl 305 of 1999

DILIP KUMAR PREMCHAND SHAH & BHUPENDRA KUMAR PREMCHAND SHAH vs SUNCITY PROPERTIES LIMITED & INTERCOM INSURANCE LTD [2000] KECA 156 (KLR)

Court of Appeal of Kenya
26 July 2000
168 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal struck out a Notice of Appeal because the party never took any steps to actually file the appeal.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal at Nairobi delivered on 26th July 2000 by a bench of Kwach, Bosire and Keiwua, JJA. The applicants, Dilip Kumar Premchand Shah and Bhupendra Kumar Premchand Shah, brought an application under rule 80 of the Court of Appeal Rules seeking to strike out a Notice of Appeal filed by the first respondent, Suncity Properties Limited, on 10th August 1990. The first respondent did not appear by counsel or otherwise. The court observed that, although unrepresented, it was evident that the first respondent had taken no steps at all to file an appeal. On that basis the court allowed the application and struck out the Notice of Appeal dated 8th August 1990, making no order as to costs. The ruling is a single judgment of the whole court with no separate opinions or dissents. It binds the High Court and subordinate courts as a decision of the Court of Appeal on the consequence of total inaction following the filing of a Notice of Appeal. No authorities were cited and no statutes other than rule 80 of the Court of Appeal Rules were referenced. The second respondent, Intercom Insurance Ltd, was not the subject of any order.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Notice of Appeal filed by the first respondent should be struck out under rule 80 of the Court of Appeal Rules

Key legal issues

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01

Whether an inordinate failure to take any steps to file an appeal justifies striking out a Notice of Appeal under rule 80

Holding

The court allowed the application and struck out the Notice of Appeal because the first respondent had taken no steps at all to file an appeal.

Reasoning

The applicants invoked rule 80 of the Court of Appeal Rules seeking to strike out the first respondent's Notice of Appeal. The first respondent did not appear by counsel or otherwise and offered no explanation. The court found it evident that the first respondent had taken no steps whatsoever to file an appeal, and on that basis allowed the application and struck out the Notice of Appeal, with no order as to costs.

p. 1

Legal principles established

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  • Where a party who has filed a Notice of Appeal takes no steps at all to file an appeal, the Notice of Appeal is liable to be struck out under rule 80 of the Court of Appeal Rules.

Court orders

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  1. 1.The Notice of Appeal dated 8th August, 1990 filed by the first respondent is struck out
  2. 2.No order as to costs

The bench

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

majority
majority
majority
Jurisdiction invoked
Rule 80 of the Court of Appeal Rules

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.

In the circumstances we allow the application and strike out the Notice of Appeal dated 8th August, 1990 with no order as to costs.
p. 1Final orders - striking out of Notice of Appeal
it is evident that it has taken no steps at all to file an appeal
p. 1Ground for striking out under rule 80

Issues in the judgment

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minor

The heading states 'CIVIL MISC APPL 305 OF 99' while the body refers to a Notice of Appeal dated 8th August, 1990 and filed on 10th August, 1990; the year discrepancy between the application number (1999) and the 1990 dates is unexplained on the face of the judgment.

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, "DILIP KUMAR PREMCHAND SHAH & BHUPENDRA KUMAR PREMCHAND SHAH vs SUNCITY PROPERTIES LIMITED & INTERCOM INSURANCE LTD [2000] KECA 156 (KLR)", Case Analysis (2000). Civil Misc Appl 305 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/156/eng@2000-07-26

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