Login Register

James Nyamboga Masogo v. Kipkebe Limited

(2011) JELR 105360 (CA)

Court of Appeal  •  Civil Appeal (Application) 225 of 2007  •  24 Feb 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya



The Court is being moved under rule 80 of the Court of Appeal Rules for an order that the appeal, that is, Civil Appeal No. 225 of 2007, be struck out on the ground that the decree is wrongly dated 8th June, 2007 instead of 7th June, 2007 when judgment was delivered.

The brief facts giving rise to the application are as follows. On 7th June, 2007 Kimaru, J delivered a judgment by which he awarded the respondent both special and general damages in respect of injuries allegedly sustained by him whilst in the employment of the applicant.

It is plain from the record of appeal that the judgment was delivered on 7th June, 2007 and is so dated. However, the decree extracted thereafter erroneously indicates that the said judgment was delivered on 8th June, 2007.

Mr Olando, learned counsel for the applicant, contends in the main that the decree which is wrongly dated being a primary document renders the record of appeal fundamentally defective and hence the appeal should be str…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login