Pan African Paper Mills Ltd & 3 others v Solid Brokers Limited & another [2002] KECA 165 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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
#Competency of an appeal where the notice of appeal relates to two separate orders and the extracted order is improperly drawn
The appeal was incompetent and was struck out
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.
Legal principles established
#- 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
#- 1.The appeal is struck out
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- 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
#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
Costs
No order as to costs - each party to bear their own costs
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.
Accordingly, this appeal is incompetent as Mr. Nyagaka concedes that he has no answer to the objection raised.
In the result, this appeal is struck out but with no order as to costs.
Issues in the judgment
#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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.