[2006] KECA 161 (KLR)

[2006] KECA 161 (KLR)

The court granted leave to amend the record of appeal because there was no opposition to the application. The court exercised its discretion to allow the amendment and directed that the supplementary record as amended be filed and served within seven days. The costs of the application were ordered to be in the...

Source-derived case information.

Citation
[2006] KECA 161 (KLR)
Parties
Appellant: AKABA INVESTMENT LTD; Respondent: KENYA PORTS AUTHORITY
Court
Court of Appeal
Court Station
Court of Appeal at Malindi
Jurisdiction
Kenya
Case Number
Civil Appeal 255 of 2003
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Leave to Amend Record of Appeal
Outcome
Leave to amend the record of appeal granted; supplementary record to be filed and served within 7 days; costs in the appeal.
Judges
J Wakiaga
Legal Topics
Amendment of Record, Leave to Amend, Supplementary Record, Costs of Application
Source Language
en
Civil Procedure Amendment of Record Leave to Amend Supplementary Record Costs of Application

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Party arguments 2
Sign in to unlock

Parties

AKABA INVESTMENT LTD

Appellant

KENYA PORTS AUTHORITY

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application for Leave to Amend Record of Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend the record of appeal.
  2. 2 Whether the supplementary record as amended should be filed and served within a specified period.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court granted leave to amend the record of appeal because there was no opposition to the application. The court exercised its discretion to allow the amendment and directed that the supplementary record as amended be filed and served within seven days. The costs of the application were ordered to be in the appeal, reflecting the standard approach where there is no contest and the application is procedural in nature.

Court Disposition

Leave to amend the record of appeal granted; supplementary record to be filed and served within 7 days; costs in the appeal.

Orders

  • Leave for amendment of the record of appeal is granted.
  • The supplementary record as amended shall be filed and served within 7 days.