[2002] KECA 247 (KLR)
The Court of Appeal determined that, given the circumstances surrounding the matter and the prevailing state of the economy, it was just and equitable to extend the time previously granted for payment of the sum of K.Shs.100,000,000 and the related instalments. The court exercised its discretion to vary the original...
Source-derived case information.
- Citation
- [2002] KECA 247 (KLR)
- Parties
- Applicant: Cempack Limited; Respondent: Kenya Commercial Bank Limited; Respondent: Kieran Day
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 246 of 2002
- Procedural Posture
- Civil Application / Application for Variation And/or Extension of Time Following a Prior Ruling on Payment Timelines
- Outcome
- Application for extension of time allowed; payment deadlines extended by 30 days.
- Judges
- RO Kwach, AB Shah, D Ole Keiwua
- Legal Topics
- Extension of Time, Variation of Orders, Payment of Debts, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cempack Limited
Applicant
Kenya Commercial Bank Limited
Respondent
Kieran Day
Respondent
Procedural Posture
Civil Application / Application for Variation And/or Extension of Time Following a Prior Ruling on Payment Timelines
Legal Issues
- 1 Whether the court should extend the time for payment of the sum of K.Shs.100,000,000 and the instalments as previously ordered.
- 2 Whether the economic circumstances justify a variation of the original payment timelines.
Ratio Decidendi
The Court of Appeal determined that, given the circumstances surrounding the matter and the prevailing state of the economy, it was just and equitable to extend the time previously granted for payment of the sum of K.Shs.100,000,000 and the related instalments. The court exercised its discretion to vary the original timelines, allowing a further 30 days for compliance. This decision was grounded in the need to balance the interests of justice, ensure fairness to the applicant, and avoid undue hardship, while also safeguarding the respondents' rights by setting clear new deadlines for payment.
Court Disposition
Application for extension of time allowed; payment deadlines extended by 30 days.
Orders
- Time for payment of K.Shs.100,000,000 extended to on or before 2nd October, 2002.
- First instalment of US$57,313 to be paid on or before 1st November, 2002.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, SHAH & KEIWUA, JJ.A.) CIVIL APPLICATION NO. NAI. 246 OF 2002
BETWEEN
CEMPACK LIMITED .............................................................APPLICANT
AND
KENYA COMMERCIAL BANK LIMITED................1ST RESPONDENT
KIERAN DAY ...........................................................2ND RESPONDENT
(Application for variation and or extension of the Ruling of the Court of Appeal at Nairobi (Hon. Mr. Justice R.O. Kwach, Hon. Mr. A.B. Shah, and Hon. Mr. Justice Ole Keiwua, JJ.A.) delivered on the 2nd August, 2002 in Nairobi, Court of Appeal Civil Application No. 171 of 2002) - arising from a Ruling of the Hon. Mr. Justice Osiemo delivered on the 19th day of June, 2002 at Milimani Commercial Courts - Nairobi)
in H.C.C.C. NO. 569 OF 2002) *****************
RULING OF THE COURT
In view of all the circumstances appertenant to this matter and in view of the state of the economy we extend the time given in our ruling on 2nd day of August 2002 by further 30 days, both for payment of the sum of K.Shs.100,000,000/= and the instalments so that dates of payment are as follows:-
(i)Shs.100,000,000/= on or before 2nd October, 2002.
(ii)the first instalment ofUS$57,313/=on or before 1st November, 2002.
Costs of this application will be in the intended appeal.
Dated and delivered at Nairobi this 29th day of August, 2002.
R.O. KWACH
.................
JUDGE OF APPEAL
A.B. SHAH
.................
JUDGE OF APPEAL
M. KEIWUA
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR