Shah v Shah (Civil Appeal No. 50 of 1955)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal refused to entertain an appeal where the memorandum of appeal contained scandalous and vexatious matter, including allegations that a Supreme Court judge acted dishonestly and delivered a judgment prepared by someone else. The Court directed the Registrar to refuse filing of future documents from the appellant containing scandalous or vexatious matter without judicial approval.
Outcome
Appeal dismissed and stay of execution application refused
Facts
The appellant filed a civil appeal from a decision of the Supreme Court of Kenya. The memorandum of appeal contained allegations that a Supreme Court judge had been induced to act dishonestly and had delivered a judgment prepared by someone else. The respondents' counsel raised a preliminary objection that he had not been served with the record or memorandum of appeal. When given an opportunity to explain the scandalous paragraph, the appellant persisted in his allegations. The Court noted this was the third case that day in which the appellant had made scandalous and reckless charges against persons connected with the administration of justice in Kenya.
Issues
- Whether the Court of Appeal should entertain an appeal where the memorandum of appeal contains scandalous and vexatious matter.
Orders
- Appeal dismissed with costs.
- Application for stay of execution dated 21st July 1955 refused with costs.
- Directions issued to the Registrar and Deputy Registrars that future documents presented by the appellant for filing shall not be filed if they contain scandalous or vexatious matter, and shall be referred to a Judge for directions.
Rules and key headnotes
Full judgment
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