[2000] KECA 98 (KLR)
The court declined to certify the application as urgent because the applicant had not yet obtained leave to appeal against the order of transfer, and there were concurrent proceedings in the High Court regarding the same matter. The absence of leave and the existence of parallel proceedings undermined the urgency of...
Source-derived case information.
- Citation
- [2000] KECA 98 (KLR)
- Parties
- Applicant: Dorcas Andahwa Fedha; Respondent: Nathan Washiko Fedha
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 22 of ??
- Procedural Posture
- Civil Application / Application for Injunction Pending Intended Appeal
- Outcome
- Application for certification of urgency declined.
- Legal Topics
- Injunctions, Leave to Appeal, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Andahwa Fedha
Applicant
Nathan Washiko Fedha
Respondent
Procedural Posture
Civil Application / Application for Injunction Pending Intended Appeal
Legal Issues
- 1 Whether the application for injunction should be certified as urgent in the absence of leave to appeal.
- 2 Whether concurrent proceedings in the High Court preclude urgency certification.
Ratio Decidendi
The court declined to certify the application as urgent because the applicant had not yet obtained leave to appeal against the order of transfer, and there were concurrent proceedings in the High Court regarding the same matter. The absence of leave and the existence of parallel proceedings undermined the urgency of the application, and thus, the court exercised its discretion to refuse urgency certification.
Court Disposition
Application for certification of urgency declined.
Orders
- The application is not certified as urgent.
- No order as to costs.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: BOSIRE, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI.22 OF 2000 (UR.12/2000) BETWEEN DORCAS ANDAHWA FEDHA ................................APPLICANT AND NATHAN WASHIKO FEDHA ................................RESPONDENT (An application for an injunction in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Justice Osiemo) dated 2nd February 2000 in H.C.C.C. No.2440 of 1999) ***************** RULING
Mr. Akhaabi having conceded that he has yet to obtain leave to appeal against the order of transfer of High Court Civil Case No.2440 of 1999(OS), and likewise that there are concurrent proceedings in the High Court to this application, I am of the view that this matter is not urgent. I still decline to certify it as urgent. No order as to costs. Dated and delivered at Nairobi this 22nd day of February, 2000. S.E.O. BOSIRE ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR