Shah v Shah (Civil Appeal No. 50 of 1955) [1955] EACA 310 (1 January 1955)

## COURT OF APPEAL FOR EASTERN AFRICA

Before SIR BARCLAY NIHILL (President), SIR NEWNHAM WORLEY (Vice-President) and MACDUFF, J. (Kenya)

MOHANLAL KARAMSHI SHAH, Appellant (Original Defendant)

(1) SOMCHAND PREMCHAND SHAH and (2) RAICHAND LADHUBHAI MALDE, Respondents (Original Plaintiffs)

Civil Appeal No. 50 of 1955

(Appeal from the decision of H. M. Supreme Court of Kenya, Mayers, J.) Appeal—Memorandum of appeal containing scandalous and vexatious matter.

A memorandum of appeal to the Court of Appeal contained scandalous and vexatious matter.

Held (21-7-55).—The Court of Appeal may refuse to entertain an appeal where the memorandum of appeal contains scandalous and vexatious matter.

Appellant in person.

C. A. Patel for both respondents.

JUDGMENT (delivered by Nihill (President)).—Apart from the fact that in this appeal a preliminary objection has been taken by the respondents' counsel that he has never been served either with the copy of the record or the memorandum of appeal, we refuse to entertain this appeal on the ground that the memorandum of appeal contains scandalous and vexatious matter. In one paragraph thereof a definite allegation is made that a learned Judge of the Supreme Court has been induced to act dishonestly and that in giving judgment he gave a judgment which, in fact, had been prepared by someone else. We have given this appellant, who has appeared in person, an opportunity to explain this paragraph and all that he has done is to persist in his allegation.

This is the third case to-day in which the present appellant has appeared in which we have noted and pointed out to him that his memoranda of appeal contain scandalous and reckless charges against persons connected with the administration of justice in Kenya. In order to prevent the process of this Court being abused by a course of conduct which this appellant seems determined to pursue, we propose to issue directions to the Registrar of this Court and to every Deputy Registrar that, in future, any documents presented by this appellant for filing shall not be filed if, in the opinion of the Registrar or any Deputy Registrar it contains matter of a scandalous or vexatious character. In such cases, the Registrar or Deputy Registrar shall refer the document to a Judge of this Court for directions. In making this direction we are persuaded that we are acting not only in the interests of the Court but in the appellant's own interests as well, for, as we have already warned him, it seems quite evident that unless this appellant can amend his present behaviour he may run the risk of having some criminal sanction applied.

This appeal is dismissed with costs and the application for a stay of execution dated 21st July, 1955 consequently is also refused with costs.