Tropicana Hotels Limited v SBM Bank (Kenya) Limited (formerly known as Fidelity Commercial Bank Ltd [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Nambuye, Murgor & J. Mohammed, JJ.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Tropicana Hotels Limited v SBM Bank (Kenya) Limited (formerly known as Fidelity Commercial Bank Ltd [2020] eKLR


1. Case Information
- Name of the Case: Tropicana Hotels Limited v. SBM Bank (Kenya) Limited (formerly known as Fidelity Commercial Bank Ltd)
- Case Number: MSA Civil Appeal (Application) No. 9 of 2019
- Court: Court of Appeal at Nairobi
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Nambuye, Murgor & J. Mohammed, JJ.A.
- Country: Kenya

2. Questions Presented
The central legal issues the court must resolve include:
- Whether the record of appeal filed by the respondent was valid given the alleged deficiencies in its content and timeliness.
- Whether the application to strike out the record of appeal should be granted based on non-compliance with procedural rules.

3. Facts of the Case
The parties involved in this case are Tropicana Hotels Limited (the Appellant/Respondent) and SBM Bank (Kenya) Limited (the Respondent/Applicant). The case arose from a judgment delivered on 25th May 2018 by Hon. J. O. Olola, J. in the Environment and Land Court (ELC) at Malindi, where the respondent was dissatisfied with the decision and subsequently filed a Notice of Appeal on 4th June 2018. The applicant contended that the record of appeal was deficient for failing to include certified copies of the decree and judgment, all rival pleadings, and that it was filed outside the prescribed sixty-day period.

4. Procedural History
The case progressed through various stages of the court system. After the judgment in the ELC, the respondent filed a Notice of Appeal, which was served on the applicant. The applicant later filed a Notice of Motion on 15th March 2019, seeking to strike out the record of appeal dated 4th February 2019. The application was not opposed by any replying affidavit from the respondents, leading the court to consider the merits based solely on the applicant's pleadings.

5. Analysis
- Rules: The court considered several rules from the Court of Appeal Rules 2010, particularly Rule 82 regarding the timeline for filing a record of appeal, and Rule 87 concerning the content required in a record of appeal.

- Case Law: The court referenced the case of Charles Wanjohi Wathuku v. Githinji Ngure & Another [2016] eKLR, which emphasized the strict nature of the timelines set out in Rule 82. It also cited John Mutai Mwangi & 26 Others v. Mwenja Ngure & 4 Others [2016] eKLR, which discussed the purpose of Rule 83 as a case management tool to ensure timely appeals.

- Application: The court found that the respondent's record of appeal was filed outside the prescribed sixty days without a valid exemption under Rule 82. The absence of necessary documents, including certified copies of the judgment and decree, as well as all relevant pleadings, rendered the record deficient. Consequently, the court concluded that the application to strike out the record was meritorious.

6. Conclusion
The court ruled in favor of the applicant, allowing the application to strike out the record of appeal due to non-compliance with procedural rules. The ruling underscored the importance of adhering to timelines and content requirements in appellate processes, emphasizing the need for efficiency in the judicial system.

7. Dissent
There were no dissenting opinions noted in the ruling, as the decision was unanimous among the judges.

8. Summary
The Court of Appeal ruled to strike out the record of appeal filed by Tropicana Hotels Limited due to deficiencies in content and timeliness. This decision highlights the stringent adherence to procedural rules required in appellate litigation, reinforcing the need for parties to be diligent in fulfilling all requirements when pursuing appeals. The case serves as a significant precedent in ensuring that appellate processes are conducted efficiently and in accordance with established rules.

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