[2002] KECA 217 (KLR)
The court exercised its discretion to certify the application as urgent, considering that the property in question is substantial and located within the airport area. The judge reasoned that if the property were sold, the applicant would lose any recourse, making the urgency real and not speculative. The interests...
Source-derived case information.
- Citation
- [2002] KECA 217 (KLR)
- Parties
- Applicant: African Airlines International Limited; Respondent: The Eastern and Southern African Trade & Development Bank (The PTA Bank)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 50 of 2002
- Procedural Posture
- Civil Application / Application for Certificate of Urgency in Extension of Time to File Notice and Record of Appeal
- Outcome
- Application certified as urgent.
- Judges
- AB Shah
- Legal Topics
- Extension of Time, Certificate of Urgency, Injunctions, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Airlines International Limited
Applicant
The Eastern and Southern African Trade & Development Bank (The PTA Bank)
Respondent
Procedural Posture
Civil Application / Application for Certificate of Urgency in Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the application for extension of time to file notice and record of appeal should be certified as urgent.
- 2 Whether the potential sale of the applicant's property justifies urgency in hearing the application.
Ratio Decidendi
The court exercised its discretion to certify the application as urgent, considering that the property in question is substantial and located within the airport area. The judge reasoned that if the property were sold, the applicant would lose any recourse, making the urgency real and not speculative. The interests of both parties were considered, including the respondent's interest in knowing the outcome promptly. The court concluded that the circumstances warranted a certificate of urgency so that the application for extension of time could be heard expeditiously before a single judge.
Court Disposition
Application certified as urgent.
Orders
- The application for extension of time to file notice and record of appeal is certified as urgent and will be heard expeditiously before a single judge.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 50 OF 2002 (UR. 29/2002)
BETWEEN
AFRICAN AIRLINES INTERNATIONAL LIMITED ....................APPLICANT
AND
THE EASTERN AND SOUTHERN AFRICAN TRADE &
DEVELOPMENT BANK (THE PTA BANK) .......................RESPONDENT
(An application for extension of time to file notice of appeal and record of appeal in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon. Hewett, Comm. of Assize) dated 20th April, 2000
in
H.C.C.C. NO. 1361 OF 1999)
******************
RULING ON URGENCY
On 8th March, 2002 I declined to certify the application lodged by the applicant African Airlines International Limited on 7th March, 2000 as urgent. I have to-day heard both counsel on an inter-parte hearing as regards urgency as provided for in Rule 47(5) of the Rules of this Court. I am not deciding, although I was addressed on the issue at some length, whether an appeal lies against the original order declining to grant an injunction, when the refusal to grant an injunction was the subject of a review application which application was dismissed, not on merits, but on a procedural point. That issue may properly be within the jurisdiction of the single judge who will eventually hear this application.
Coming to the issue of the urgency as regards the hearing of the application (which is a matter within my discretion) I remind myself that property sought to be sold is a substantial one. It is situate within the airport area. I also remind myself that once a property such as that is disposed off the applicant's recourse thereto will have gone. It may well be in the interests of the respondent to know what lies in store for it eventually and it may be better if that fate is known earlier than, rather, later. This Court does not shun away from extra work.
Having considered all that has been said to me I am now inclined to grant the certificate of urgency. Both parties will have the opportunity, of course, of arguing the matter fully first before a single judge. I certify the application as urgent. Dated and delivered at Nairobi this 18th day of March, 2002.
A.B. SHAH
...................
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR.