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Court of AppealStruck OutCivil Appeal (Application) No. 158 of 1999

STANDARD CHARTERED BANK (K) LTD vs MEME J.M. ANJURI & GITIMBINE INDUSTRIES LTD [2001] KECA 319 (KLR)

Court of Appeal of Kenya
2 November 2001
201 words in judgment
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The bottom line

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Kenya's Court of Appeal struck out an appeal because the appellants failed to take required procedural steps, confirming courts will enforce appeal deadlines strictly.

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 Nyeri (Gicheru, Tunoi and Lakha, JJ.A.) on a notice of motion dated 24th March 2000, brought under rule 80 of the Court of Appeal Rules by Standard Chartered Bank (K) Ltd., seeking to strike out the appeal lodged on 5th July 1999 by Meme J.M. Anjuri and Gitimbine Industries Ltd. The appeal lay from the judgment and decree of the High Court of Kenya at Meru (Justice Etyang) dated 29th May 1998 in H.C.C.C. No. 77 of 1993. The court was satisfied that the essential steps required by the rule had not been taken, and counsel for the appellants failed to persuade it otherwise. The notice of motion accordingly succeeded. The court struck out the appeal lodged on 5th July 1999 with costs, including the costs of the motion. The ruling was made at Nyeri on 2nd November 2001 and is a single judgment of the whole court, with no separate opinions or dissents. No authorities were cited and the underlying High Court decision was not reviewed on its merits; the appeal was simply removed from the record for procedural default.

Questions the Court framed

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

  1. 1.Whether the appeal lodged on 5th July 1999 should be struck out under rule 80 of the Court of Appeal Rules for failure to take essential steps

Key legal issues

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01

Striking out an appeal under rule 80 of the Court of Appeal Rules for failure to take essential steps

Holding

The court was satisfied that the essential steps set out in rule 80 had not been taken and struck out the appeal with costs.

Reasoning

The respondent moved under rule 80 of the Court of Appeal Rules to strike out the appeal lodged on 5th July 1999. The court, hearing counsel (Mr. Mwarania appearing unsuccessfully for the appellant), found itself satisfied that the essential steps prescribed by the rule had not been taken. The notice of motion therefore succeeded, and the appeal was struck out with costs, including the costs of the motion.

p. 1

Legal principles established

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  • Where essential steps required under rule 80 of the Court of Appeal Rules have not been taken, the Court will strike out the appeal on the motion of a respondent.

Court orders

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  1. 1.The appeal lodged on 5th July 1999 is struck out with costs including the costs of the motion

The bench

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

majority
majority
majority
On appeal from
High Court of Kenya at Meru
H.C.C.C. No. 77 of 1993
Jurisdiction invoked
Rule 80 of the Court of Appeal Rules (Rules of this Court)

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.

We are satisfied that the essential steps as therein are set out have not been taken.
p. 1Failure to take essential steps under rule 80
Accordingly, the appeal lodged on 5th July, 1999 is struck out with costs including the costs of the motion.
p. 1Final orders - striking out and costs

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, "STANDARD CHARTERED BANK (K) LTD vs MEME J.M. ANJURI & GITIMBINE INDUSTRIES LTD [2001] KECA 319 (KLR)", Case Analysis (2001). Civil Appeal (Application) No. 158 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/319/eng@2001-11-02

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