Samvir Trustees Limited v Guardian Bank Limited [2000] KECA 356 (KLR)
The bottom line
#Kenya's Court of Appeal struck out an appeal filed late without permission and missing a key document, confirming such appeals are dead on arrival.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an appeal filed out of time without leave is competent
- 2.Whether the omission of an essential document from the record of appeal renders the appeal incompetent
Key legal issues
#Competence of an appeal filed out of time without leave and with an incomplete record
The appeal was incompetent and was struck out
Counsel for the respondent conceded the two defects raised in the motion: the appeal was instituted out of time without the requisite leave, and an essential document was left out of the record of appeal. On those concessions, the court found the appeal incompetent and struck it out with costs, also awarding the costs of the motion to the applicant.
Legal principles established
#- An appeal filed out of time without leave, and with an essential document omitted from the record of appeal, is incompetent and liable to be struck out.
Court orders
#- 1.The appeal is struck out
- 2.The appeal is struck out with costs
- 3.The costs of the motion are awarded to the applicant (respondent)
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.S.C. No. 795 of 1997
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal under the Constitution and the Appellate Jurisdiction Act (not expressly stated in the ruling)
Relief refused
#Continuation of the appeal
The appeal was filed out of time without leave and an essential document was omitted from the record, rendering it incompetent
Costs
The appeal is struck out with costs, and the costs of the motion are awarded to the applicant (respondent).
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.
the appeal was filed out of time without leave and that an essential document has been left out of the record of appeal
That being so, the appeal is incompetent and we order that it be and is hereby struck out with costs. We award the costs of the motion to the applicant.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samvir Trustees Limited v Guardian Bank Limited [2000] KECA 356 (KLR)", Case Analysis (2000). Civil Appeal No. 235 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/356/eng@2000-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.