[2002] KECA 107 (KLR)
The Court of Appeal determined that it was appropriate to grant an adjournment of the application to strike out the notice of appeal, as there was a related application pending before the court (Civil Application No. 62 of 2002) seeking leave to file an appeal out of time. The outcome of that application would...
Source-derived case information.
- Citation
- [2002] KECA 107 (KLR)
- Parties
- Applicant: Assa Okwemba Onyango; Respondent: Omar Transmotors Limited; Respondent: Kariuki Ngumbi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 63 of 2002
- Procedural Posture
- Civil Application / Application for Adjournment Pending Determination of Related Application
- Outcome
- Application adjourned pending determination of related application; no order as to costs.
- Legal Topics
- Adjournment, Notice of Appeal, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Assa Okwemba Onyango
Applicant
Omar Transmotors Limited
Respondent
Kariuki Ngumbi
Respondent
Procedural Posture
Civil Application / Application for Adjournment Pending Determination of Related Application
Legal Issues
- 1 Whether the application to strike out the notice of appeal should be adjourned pending the determination of an application for leave to appeal out of time.
Ratio Decidendi
The Court of Appeal determined that it was appropriate to grant an adjournment of the application to strike out the notice of appeal, as there was a related application pending before the court (Civil Application No. 62 of 2002) seeking leave to file an appeal out of time. The outcome of that application would directly impact the present application. Therefore, in the interests of justice and judicial economy, the court granted the adjournment as sought by the respondents' counsel and made no order as to costs.
Court Disposition
Application adjourned pending determination of related application; no order as to costs.
Orders
- The application is adjourned to await the outcome of Civil Application No. 62 of 2002.
- No order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, LAKHA & BOSIRE, JJ.A.)
CIVIL APPLICATION NO. NAI. 63 OF 2002
BETWEEN
ASSA OKWEMBA ONYANGO ............................... APPLICANT
AND
OMAR TRANSMOTORS LIMITED
KARIUKI NGUMBI .............................................. RESPONDENTS
(Application to strike out a Notice of Appeal from a judgment
of the High Court of Kenya at Nairobi (Osiemo, J) dated
15th January, 2001
in
H.C.C.C. NO. 137 OF 1998)
******************
RULING OF THE COURT
It has been brought to our attention that pending before this Court is Civil Application No. 62 of 2002 which seeks leave to file appeal out of time. We think that it is appropriate in the circumstances to grant adjournment as sought by counsel by the respondents to enable the Court to dispose of that matter first. The outcome of that application, whichever way, no doubt will have effect on this application. We make no order as to costs.
Made at Nairobi this 30th day of July, 2002.
P. K. TUNOI
...............
JUDGE OF APPEAL
A. A. LAKHA
...............
JUDGE OF APPEAL
S. E. O. BOSIRE
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR