[2004] KECA 54 (KLR)
The Court exercised its discretion to allow the adjournment sought by the applicant, finding that it was in the interests of justice to permit the applicant to prepare his application fully and to file a supplementary record. The Court balanced this by awarding the costs of the adjournment to the respondents to...
Source-derived case information.
- Citation
- [2004] KECA 54 (KLR)
- Parties
- Applicant: Anthony Wachira Ndumbi; Respondent: Eunice Wakabari Karoki; Respondent: Mary Wanjira Kondu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 110 of 2004
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application for Adjournment and Interim Stay
- Outcome
- Application for adjournment allowed; interim stay granted; costs of adjournment to respondents.
- Legal Topics
- Stay of Execution, Adjournment, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Wachira Ndumbi
Applicant
Eunice Wakabari Karoki
Respondent
Mary Wanjira Kondu
Respondent
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Adjournment and Interim Stay
Legal Issues
- 1 Whether the applicant should be granted an adjournment to prepare his application and file a supplementary record.
- 2 Whether interim orders for stay of execution and possession should be granted pending the hearing of the application.
Ratio Decidendi
The Court exercised its discretion to allow the adjournment sought by the applicant, finding that it was in the interests of justice to permit the applicant to prepare his application fully and to file a supplementary record. The Court balanced this by awarding the costs of the adjournment to the respondents to compensate for any inconvenience. To preserve the status quo, the Court ordered that the 1st respondent remain in exclusive possession of the suit land and granted an interim stay of the orders made by the High Court, pending the hearing of the substantive application. The matter was removed from the Urgency List and directed to be fixed for hearing in the normal course.
Court Disposition
Application for adjournment allowed; interim stay granted; costs of adjournment to respondents.
Orders
- The application for adjournment is allowed to enable the applicant to prepare his application.
- The applicant is granted leave to file a supplementary record within 14 days.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, O’KUBASU JJ.A & ONYANGO OTIENO AG. J.A)
CIVIL APPLICATION NO. NAI. 110 OF 2004 (UR. 59/2004)
BETWEEN
ANTHONY WACHIRA NDUMBI..…….…..…………………………..…..….APPLICANT
AND
EUNICE WAKABARI KAROKI…..……………..…..……………….. 1ST RESPONDENT
MARY WANJIRA KONDU……………………………………….…. 2ND RESPONDENT
(An application for stay of execution pending an intended appeal from the order of the High Court of Kenya at Nairobi (J.B Ojwang, J.) dated 15. 12. 2003
in
H.C.C.C. NO. 37 OF 2002 (0S)
**************************
RULING OF THE COURT
We allow the application for adjournment to enable counsel for the applicant to prepare his application. In this respect we grant the applicant leave to file a supplementary record to incorporate the documents he wishes to rely on in his Motion. This has to be done within 14 days hereof.
However, the application is removed from the Urgency List and shall be fixed for hearing in the Registry in the normal way. The 1st respondent shall remain in exclusive possession of the suit land until further orders of the Court. We also order an interim stay of orders made by Ojwang J. on 15th December, 2003 in HCCC No. 37 of 2002(OS).
The costs occasioned by this adjournment are awarded to the respondents.
Dated and delivered at Nairobi this 6th day of October, 2004.
P.K. TUNOI
…………….
JUDGE OF APPEAL
E.O. O’KUBASU
………………
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
…………………
AG. JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR