[1999] KECA 130 (KLR)
The Court of Appeal, while expressing strong disapproval of adjournments sought on insufficient grounds, reluctantly granted the adjournment. The court emphasized that parties and their counsel must act within reasonable timeframes and should not expect adjournments as a right. The court further ordered the...
Source-derived case information.
- Citation
- [1999] KECA 130 (KLR)
- Parties
- Appellant: City Finance Ltd; Respondent: Anne Mumbi Hinga; Respondent: Stephen Ngethe Hinga; Respondent: Samson Keengu Nyamweya; Respondent: Samson Mogikoyo Nyarangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 231 of 1998
- Procedural Posture
- Civil Appeal / Adjournment Order Pending Hearing
- Outcome
- Adjournment granted; substitution of party ordered; costs of the day to appellant.
- Legal Topics
- Adjournment of Hearing, Substitution of Parties, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
City Finance Ltd
Appellant
Anne Mumbi Hinga
Respondent
Stephen Ngethe Hinga
Respondent
Samson Keengu Nyamweya
Respondent
Samson Mogikoyo Nyarangi
Respondent
Procedural Posture
Civil Appeal / Adjournment Order Pending Hearing
Legal Issues
- 1 Whether the application for adjournment should be granted on the grounds pleaded.
- 2 Whether substitution of the deceased respondent with the first respondent is appropriate.
- 3 Who should bear the costs of the adjournment.
Ratio Decidendi
The Court of Appeal, while expressing strong disapproval of adjournments sought on insufficient grounds, reluctantly granted the adjournment. The court emphasized that parties and their counsel must act within reasonable timeframes and should not expect adjournments as a right. The court further ordered the substitution of the first respondent, Anne Mumbi Hinga, in place of the deceased second respondent, Stephen Ngethe Hinga, to ensure the proper continuation of the appeal. The court also directed that the first and fourth respondents bear the costs of the day, reinforcing the principle that unnecessary adjournments may attract adverse cost consequences.
Court Disposition
Adjournment granted; substitution of party ordered; costs of the day to appellant.
Orders
- The appeal is adjourned to a date to be fixed in the registry.
- Anne Mumbi Hinga is substituted in place of the deceased, Stephen Ngethe Hinga.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, SHAH & OWUOR, JJ.A. CIVIL APPEAL NO. 231 OF 1998 BETWEEN
CITY FINANCE LTD .....................................APPELLANT AND ANNE MUMBI HINGA STEPHEN NGETHE HINGA SAMSON KEENGU NYAMWEYA SAMSON MOGIKOYO NYARANGI ............................RESPONDENTS
Appeal from a judgment of the High Court of Kenya at Nairobi (Mbito J) dated 21st October, 1994 in H.C.C.C. NO. 4292 OF 1991) ******************** ORDER OF THE COURT
We must restate to all the counsel present that this Court looks with disfavour applications for adjournment on grounds such as those pleaded here. If parties wish to instruct counsel to lead or such like things, they must learn to do so within a reasonable time and we would once again warn counsel that they ought not to take briefs with the hope that adjournment will be given to them for the asking. We reluctantly adjourn the matter but before we do so, we order that the first respondent, Anne Mumbi Hinga, be substituted in place of the deceased, second respondent Stephen
Ngethe Hinga. We adjourn the appeal to a date to be fixed in the registry. The first and fourth respondents shall pay the costs of to-day to the appellant.
Made at Nairobi this 27th day of May, 1999.
R. S. C. OMOLO
---------------
JUDGE OF APPEAL
A. B. SHAH
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JUDGE OF APPEAL
E. OWUOR ---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR