[2024] KECA 517 (KLR)
The court, having considered that the respondent did not oppose the application and that the requirements for urgency under Rule 49(5) of the Court of Appeal Rules were met, certified the application dated 27th October 2023 as urgent and directed that it be heard on a priority basis. The court exercised its...
Source-derived case information.
- Citation
- [2024] KECA 517 (KLR)
- Parties
- Applicant: Maria Burton; Respondent: Babubhai Bhanganji Amba Madhivani
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 181 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Certificate of Urgency Application
- Outcome
- Application certified as urgent and to be heard on priority basis; no order as to costs.
- Judges
- JW Lessit
- Legal Topics
- Certificate of Urgency, Interlocutory Applications, Priority Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Burton
Applicant
Babubhai Bhanganji Amba Madhivani
Respondent
Procedural Posture
Civil Appeal / Ruling on Certificate of Urgency Application
Legal Issues
- 1 Whether the application dated 27th October 2023 should be certified as urgent for hearing on a priority basis.
- 2 Whether there should be any order as to costs for the urgency application.
Ratio Decidendi
The court, having considered that the respondent did not oppose the application and that the requirements for urgency under Rule 49(5) of the Court of Appeal Rules were met, certified the application dated 27th October 2023 as urgent and directed that it be heard on a priority basis. The court exercised its discretion not to make any order as to costs for the urgency application.
Court Disposition
Application certified as urgent and to be heard on priority basis; no order as to costs.
Orders
- The application dated 27th October 2023 is certified as urgent for hearing on priority basis.
- The substantive application be given a hearing on priority basis.
Full Case Text
Judgment text and source record
17 paragraphs
Burton v Madhivani (Civil Appeal (Application) 181 of 2020) [2024] KECA 517 (KLR) (26 April 2024) (Ruling)
Neutral citation: [2024] KECA 517 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 181 of 2020
JW Lessit, JA
April 26, 2024
Between
Maria Burton
Applicant
and
Babubhai Bhanganji Amba Madhivani
Respondent
(Being an appeal from the Judgment of the Court of Appeal at Nairobi, (Murgor, Kantai & Lesiit, JJ.A.) dated 28th April 2022 in Civil Appeal Case No. 181 of 2020. )
Ruling
1. Ms Kulohoma learned counsel for the applicant and learned counsel Ms Ogwanda holding brief for the respondent appeared before me this morning pursuant to Rule 49(5) of this Court’s Rules for inter-partes hearing of the certificate of urgency application dated 27th October 2023. This Court declined to certify the application as urgent in its ruling of 23rd April 2024. Having heard the applicant and the response by the respondent who does not oppose the application the order to make is as follows:1. The application dated 27th October 2023 is certified as urgent for hearing on priority basis.2. The substantive application be given a hearing on priority basis.3. No order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF APRIL, 2024J. LESIIT......................JUDGE OF APPEALI certify that this is a true copy of the originalSIGNEDDEPUTY REGISTRAR