[2002] KECA 176 (KLR)
The court initially declined to certify the motion as urgent but, upon being presented with new material indicating urgency, reconsidered and certified the motion as urgent. The judge exercised discretion based on the evidence of urgency provided, allowing the application to proceed expeditiously. Costs for the...
Source-derived case information.
- Citation
- [2002] KECA 176 (KLR)
- Parties
- Applicant: African Banking Corporation Limited; Respondent: Charles Kariuki Githungo suing as the Receiver of World Duty Free Company Limited T/A Kenya Duty Free Complex
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 82 of 2002
- Procedural Posture
- Stay Application / Application for Stay Pending Appeal
- Outcome
- Motion certified as urgent; costs of the day's hearing to abide the outcome of the application.
- Legal Topics
- Stay of Execution, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Banking Corporation Limited
Applicant
Charles Kariuki Githungo suing as the Receiver of World Duty Free Company Limited T/A Kenya Duty Free Complex
Respondent
Procedural Posture
Stay Application / Application for Stay Pending Appeal
Legal Issues
- 1 Whether the motion should be certified as urgent to allow for a stay pending appeal.
Ratio Decidendi
The court initially declined to certify the motion as urgent but, upon being presented with new material indicating urgency, reconsidered and certified the motion as urgent. The judge exercised discretion based on the evidence of urgency provided, allowing the application to proceed expeditiously. Costs for the day's hearing were ordered to abide the outcome of the substantive application.
Court Disposition
Motion certified as urgent; costs of the day's hearing to abide the outcome of the application.
Orders
- The motion is certified as urgent.
- The costs of today's hearing to abide the outcome of the application dated 19th April, 2002.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.82 OF 2002 (UR.44/2002)
BETWEEN
AFRICAN BANKING CORPORATION LIMITED ..................APPLICANT
AND
CHARLES KARIUKI GITHUNGO suing as the RECEIVER OF WORLD DUTY FREE COMPANY LIMITED T/A KENYA DUTY FREE COMPLEX .................................RESPONDENT
Being an application for stay pending the determination
of the intended appeal against the order of the High
Court of Kenya at Nairobi (Mr. Justice Rimita) dated
the 15th day of March 2002
in
H.C.C.C. NO.758 of 2000(O.S)
******************
RULING
I earlier declined to certify this motion as urgent. However, material has been placed before me this morning which I have reluctantly looked at, which show that there is some urgency in this matter. Consequently I am inclined to change my mind. I accordingly certify this motion as urgent. The costs of today's hearing to abide the outcome of the application dated 19th April, 2002.
Dated and delivered at Nairobi this 30th day of April,2002.
S.E.O. BOSIRE ................................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR