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Court of AppealStruck OutCivil Appeal No. 134 of 2000

Pan African Paper Mills Ltd & 3 others v Solid Brokers Limited & another [2002] KECA 165 (KLR)

Court of Appeal
13 March 2002
195 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 an appeal because the notice of appeal covered two separate orders, showing strict procedural compliance is essential.

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 Kisumu (Kwach, Lakha and Owuor, JJ.A.) delivered on 13 March 2002 in Civil Appeal No. 134 of 2000, an appeal from a ruling of Wambilyangah, J. of the High Court at Kisumu dated 18 May 1999 in H.C.C.C. No. 61 of 1999. Counsel for the respondents, Mr. Otieno, complained - with leave of the Court - that the notice of appeal filed by the appellants related to two separate orders, and that the order extracted was not properly drawn. The Court agreed with the objection. Counsel for the appellants, Mr. Nyagaka, conceded that he had no answer to the objection. The Court accordingly held the appeal incompetent and struck it out, but made no order as to costs, meaning each party bears its own costs. The ruling contains no citation of authorities, no separate opinions, and no discussion beyond the competency point. Its binding significance lies in confirming that a notice of appeal relating to two separate orders, coupled with an improperly drawn extracted order, renders an appeal incompetent and liable to be struck out.

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, relating to two separate orders, and an improperly drawn order of extraction rendered the appeal incompetent

Key legal issues

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01

Competency of an appeal where the notice of appeal relates to two separate orders and the extracted order is improperly drawn

Holding

The appeal was incompetent and was struck out

Reasoning

Counsel for the respondent objected, with leave of the Court, that the notice of appeal related to two separate orders and that the order extracted was not properly drawn. The court agreed with the objection, and counsel for the appellants conceded he had no answer to it. The court therefore struck out the appeal but made no order as to costs.

p. 1

Legal principles established

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  • A notice of appeal that relates to two separate orders renders the appeal incompetent, and binds lower courts to strike out such an appeal

Court orders

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  1. 1.The appeal 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
On appeal from
High Court of Kenya at Kisumu
H.C.C.C. No. 61 of 1999
Jurisdiction invoked
Appeal from the High Court under the applicable appellate provisions (not expressly stated in the judgment)

Relief refused

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Continuation of the appeal

The appeal was incompetent because the notice of appeal related to two separate orders and the extracted order was not properly drawn

p. 1

Costs

No order as to costs - each party to bear their own costs

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.

Accordingly, this appeal is incompetent as Mr. Nyagaka concedes that he has no answer to the objection raised.
p. 1Incompetency of appeal
In the result, this appeal is struck out but with no order as to costs.
p. 2Final orders - striking out and costs

Issues in the judgment

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minor

The judgment is a very short ruling; it does not state the statutory basis of the appeal or the specific rules breached by the notice of 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, "Pan African Paper Mills Ltd & 3 others v Solid Brokers Limited & another [2002] KECA 165 (KLR)", Case Analysis (2002). Civil Appeal No. 134 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/165/eng@2002-03-13

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