[1997] KECA 260 (KLR)
The court held that the application did not demonstrate any exceptional circumstances or justification for being heard on a priority basis. The dispute between the parties was limited to the payment of sums specified in a consent order, which is a matter for execution. Therefore, the application should proceed in...
Source-derived case information.
- Citation
- [1997] KECA 260 (KLR)
- Parties
- Plaintiff: Andrew Kipngeno Arap Kenik; Defendant: Kenya Posts & Telecommunications Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 129 of 1997
- Procedural Posture
- Civil Application / Ruling on Urgency
- Outcome
- Application for urgency dismissed; matter to proceed in the normal course.
- Legal Topics
- Urgency of Application, Execution of Judgment, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kipngeno Arap Kenik
Plaintiff
Kenya Posts & Telecommunications Corporation
Defendant
Procedural Posture
Civil Application / Ruling on Urgency
Legal Issues
- 1 Whether the application merits urgent hearing outside the normal course.
- 2 Whether there is justification for prioritizing the hearing based on the nature of the dispute.
Ratio Decidendi
The court held that the application did not demonstrate any exceptional circumstances or justification for being heard on a priority basis. The dispute between the parties was limited to the payment of sums specified in a consent order, which is a matter for execution. Therefore, the application should proceed in the normal course and not be accorded urgency. The earlier order of the court stands, and costs for the day are to be costs in the pending application for injunction.
Court Disposition
Application for urgency dismissed; matter to proceed in the normal course.
Orders
- The application for urgent hearing is dismissed.
- The earlier order of the court stands.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE AG. JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 129 OF 1997 (UR 54/97)BETWEENANDREW KIPNGENO ARAP KENIK .............................. PLAINTIFFANDKENYA POSTS & TELECOMMUNICATIONS CORPORATION ............ DEFENDANTRULING ON URGENCY
I am not persuaded that this mater is urgent because I consider it to be essentially a matter for execution. So the applicant/appellant's application/appeal should be heard in the normal manner as there is no justification or proper basis for it being heard on a priority basis. That is the more so because as has been pointed out by Counsel for the applicant/appellant the only issue between the parties is payment of designated sums of money stated in the consent order dated 13th May 1996. In the circumstances my earlier order stands. Today's costs to be costs in the application for injunction dated 28th May 1997.
Dated and delivered at Nairobi this 28th May, 1997. S.E.O. BOSIRE .................... AG. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR