[2000] KECA 284 (KLR)
The court granted leave to the respondent to file a further affidavit because the application was not opposed by the appellant. The absence of opposition to the application was the decisive factor, and the court exercised its discretion to allow the filing of the further affidavit within seven days from the date of...
Source-derived case information.
- Citation
- [2000] KECA 284 (KLR)
- Parties
- Appellant: Fortune Finance Limited; Respondent: Geoffrey Ngugi Gathaiya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 71 of 2000
- Procedural Posture
- Civil Application / Ruling on Interlocutory Application
- Outcome
- Leave granted to file further affidavit; application allowed as prayed.
- Legal Topics
- Leave to File Affidavit, Striking Out Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fortune Finance Limited
Appellant
Geoffrey Ngugi Gathaiya
Respondent
Procedural Posture
Civil Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether leave should be granted to the respondent to file a further affidavit in the civil application.
- 2 Whether there is any opposition to the application for leave.
Ratio Decidendi
The court granted leave to the respondent to file a further affidavit because the application was not opposed by the appellant. The absence of opposition to the application was the decisive factor, and the court exercised its discretion to allow the filing of the further affidavit within seven days from the date of the order.
Court Disposition
Leave granted to file further affidavit; application allowed as prayed.
Orders
- Leave is granted to the respondent to file a further affidavit in Civil Appeal/Application No. 159 of 1998.
- The said affidavit to be filed within seven days from the date hereof.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: BOSIRE J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 71 OF 2000 BETWEEN FORTUNE FINANCE LIMITED ........................... APPELLANT AND GEOFFREY NGUGI GATHAIYA ............................RESPONDENT (An application for stricking out a Notice of Appeal in an intended appeal from the judgment of the High Court of Kenya at Nairobi (Hon. Mr. Justice Moijo Ole Keiwua) dated 25th day of June, 1998 in H.C.C.C 249 OF 1998 FORMERLY H.C.C.C NO. 34 OF 1998) ****************** R U L I N G
As the application by Geoffrey Ngugi Gathaiya for leave to file a further affidavit in Civil Appeal/Application No. 159 of 1998 is not opposed, leave is hereby granted as prayed. The said affidavit to be filed within seven days from the dIa tmea keh enroe ofo.rder as to costs. Dated and delivered at Nairobi this 2nd day of November, 2000.
S. E. O. BOSIRE .........................JUDGE OF APPEAL
I certify that this is
a true copy of the original. DEPUTY REGISTRAR