[2000] KECA 380 (KLR)
The court found that the appeal was indeed filed out of time due to a miscalculation by the appellant's counsel regarding when the time for filing began to run. However, considering the circumstances and the application by counsel for an adjournment to regularise the error, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2000] KECA 380 (KLR)
- Parties
- Appellant: Francis Munyua Wanyoike; Respondent: Sobhagchand Gosar Shah
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 17 of ??
- Procedural Posture
- Civil Appeal / Adjournment Ruling
- Outcome
- Appeal stood over generally; adjournment granted; costs of adjournment to respondent.
- Legal Topics
- Appeal Out of Time, Certificate of Delay, Adjournment, Costs of Adjournment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Munyua Wanyoike
Appellant
Sobhagchand Gosar Shah
Respondent
Procedural Posture
Civil Appeal / Adjournment Ruling
Legal Issues
- 1 Whether the appeal was filed within the prescribed time period.
- 2 Whether the appellant's counsel's mistake regarding the computation of time justified an adjournment.
- 3 Who should bear the costs occasioned by the adjournment.
Ratio Decidendi
The court found that the appeal was indeed filed out of time due to a miscalculation by the appellant's counsel regarding when the time for filing began to run. However, considering the circumstances and the application by counsel for an adjournment to regularise the error, the court exercised its discretion to grant the adjournment. The court also determined that the respondent should be compensated for the inconvenience by awarding costs occasioned by the adjournment to the respondent.
Court Disposition
Appeal stood over generally; adjournment granted; costs of adjournment to respondent.
Orders
- The appeal is taken out of today's hearing list and stood over generally.
- The appellant shall pay the respondent's costs occasioned by the adjournment.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, BOSIRE & O'KUBASU JJ.A)
CIVIL APPEAL NO. 17 OF 2000 BETWEEN FRANCIS MUNYUA WANYOIKE .................................APPELLANT AND SOBHAGCHAND GOSAR SHAH ............................. ..RESPONDENT
(Appeal from the judgement of the High Court of Kenya at Nairobi (Honourable Lady Justice Angawa) delivered on the 2nd day of June 1999 in H.C.C. NO. 2283 OF 1995) ******************* RULING OF THE COURT
This appeal was filed out of time. Looking behind the certificate of delay included in the record of appeal, it is clear that Counsel for the appellant was mistaken as from when the time for filing the record of appeal started running. Mr Gichachi for the appellant applies that we give him an adjournment to enable him regularise the error. We have considered the request and are minded to grant him the adjournment sought. We accordingly take out the appeal from today's hearing list and stand it over generally. The appellant shall pay the respondent's costs occasioned by the adjournment.
Dated and delivered at Nairobi this 25th day of September, 2000.
A.B. SHAH------------------- JUDGE OF APPEAL
S.E.O. BOSIRE-------------------JUDGE OF APPEALE. O'KUBASU------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR