[2001] KEHC 382 (KLR)

[2001] KEHC 382 (KLR)

The court granted the adjournment on compassionate grounds due to the applicant's counsel's health condition. However, the court found that the applicant could have communicated the situation earlier, as the medical report was dated only the day before. As a result, the court exercised its discretion to order the...

Source-derived case information.

Citation
[2001] KEHC 382 (KLR)
Parties
Plaintiff: Diamond Trust Bank Kenya Ltd; Defendant: Rozina Z. H. Dhala; Defendant: Sadrudin H. Dhalla; Defendant: Nehaz Abdul Dossa
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 410 of ??
Procedural Posture
Civil Suit / Ruling on Adjournment and Costs
Outcome
Adjournment granted; respondent to pay court adjournment fees and applicant's advocate's costs before re-listing.
Legal Topics
Adjournment of Hearing, Costs Award, Court Fees
Source Language
en
Civil Procedure Adjournment of Hearing Costs Award Court Fees

Source-derived case record

Summary, issues, holding and outcome

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Parties

Diamond Trust Bank Kenya Ltd

Plaintiff

Rozina Z. H. Dhala

Defendant

Sadrudin H. Dhalla

Defendant

Nehaz Abdul Dossa

Defendant

Procedural Posture

Civil Suit / Ruling on Adjournment and Costs

Legal Issues

  1. 1 Whether the adjournment should be granted on compassionate grounds due to counsel's health condition.
  2. 2 Who should bear the costs and court adjournment fees arising from the adjournment.

Ratio Decidendi

The court granted the adjournment on compassionate grounds due to the applicant's counsel's health condition. However, the court found that the applicant could have communicated the situation earlier, as the medical report was dated only the day before. As a result, the court exercised its discretion to order the respondent to pay the court adjournment fees and the applicant's advocate's costs before the matter is re-listed for hearing.

Court Disposition

Adjournment granted; respondent to pay court adjournment fees and applicant's advocate's costs before re-listing.

Orders

  • Respondent shall bear the court adjournment fees of Kshs.1,000/-.
  • Respondent shall pay the applicant's advocate's costs assessed at Kshs.1,500/-.