Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealStruck OutCivil Appeal (Application) No. 239 of 2000

Kenya Revenue Authority v Aries Auto Sprays [2002] KECA 249 (KLR)

Court of Appeal of Kenya
14 June 2002
145 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya Revenue Authority's appeal was struck out because it never filed the document that officially starts an appeal, and it had to pay costs.

What this practically means

#

Executive summary

#
This is a very short ruling of the Court of Appeal at Kisumu (Kwach, Tunoi and Lakha, JJ.A) delivered on 14th June 2002 in Civil Appeal (Application) No. 239 of 2000, in which the Kenya Revenue Authority appealed against a ruling of the High Court at Kisumu (Wambilyangah, J) dated 25th October 1999 in Misc. Civil Application No. 40 of 1998. At the hearing, Mr. Ombwayo, counsel for the appellant, conceded that in the absence of a valid Notice of Appeal the appeal could not succeed. The court expressly endorsed the concession as correct, observing that counsel conceded 'rightly so in our view'. The court therefore struck out the appeal and awarded costs to the respondent, including the costs of the application. The ruling contains no separate opinions, no dissent, no cited authorities and no statutory provisions; it is a single judgment of the whole court. Its binding significance lies in the affirmation that a valid Notice of Appeal is a prerequisite to a competent appeal, and that an appeal instituted without one fails and will be struck out with costs. The decision below was not reviewed on the merits; the appeal was terminated on a procedural ground.

Questions the Court framed

#

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

  1. 1.Whether the appeal could proceed in the absence of a valid Notice of Appeal

Key legal issues

#
01

Whether an appeal can be maintained without a valid Notice of Appeal

Holding

The appeal fails for want of a valid Notice of Appeal and is struck out with costs

Reasoning

Counsel for the appellant conceded that without a valid Notice of Appeal the appeal could not stand, and the court agreed with that concession. The Notice of Appeal is the foundational document instituting an appeal; absent it, the Court of Appeal has no competent appeal before it and the only course is to strike the appeal out, with costs to the respondent including the costs of the application.

p. 2

Legal principles established

#
  • An appeal before the Court of Appeal fails and will be struck out where there is no valid Notice of Appeal instituting it

Court orders

#
  1. 1.The appeal is struck out
  2. 2.The appellant to pay the costs of the appeal including the costs of the application

The bench

#

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

majority
majority
majority
On appeal from
High Court of Kenya at Kisumu
Misc. Civil Application No. 40 of 1998
Jurisdiction invoked
Appeal to the Court of Appeal under the Appellate Jurisdiction Act / Constitution (not expressly stated in the ruling); the appeal failed for want of a valid Notice of Appeal

Relief refused

#

The appellant's appeal against the ruling and order of the High Court dated 25th October 1999

Counsel for the appellant conceded that in the absence of a valid Notice of Appeal the appeal must fail

p. 2

Costs

The appeal was struck out with costs, including the costs of the application, payable by the appellant

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.

Mr. Ombwayo for the appellant concedes and rightly so in our view that in the absence of a valid Notice of appeal the appeal fails. It is struck out with costs including the costs of the application.
p. 2Effect of absence of a valid Notice of Appeal

Issues in the judgment

#
minor

The ruling is extremely brief and does not state the statutory basis of the appeal or the procedural rules governing the Notice of Appeal; the jurisdiction basis had to be inferred from the appeal format

minor

The signature block for A. A. Lakha reads 'JUDGE' rather than 'JUDGE OF APPEAL', though the coram identifies him as a Judge of Appeal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (2)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Kenya Revenue Authority v Aries Auto Sprays [2002] KECA 249 (KLR)", Case Analysis (2002). Civil Appeal (Application) No. 239 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/249/eng@2002-06-14

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