[2003] KECA 148 (KLR)

[2003] KECA 148 (KLR)

The court exercised its discretion to adjourn the hearing of the application to allow the applicant to file a supplementary affidavit and to put on record the judgment and ruling that are the subject matter of the intended appeal. This was deemed necessary for the proper and fair determination of the application for...

Source-derived case information.

Citation
[2003] KECA 148 (KLR)
Parties
Applicant: Freight Consultants Limited; Respondent: Elegant Freighters Limited
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 289 of 2002
Procedural Posture
Civil Miscellaneous Application / Interlocutory
Outcome
adjourned for filing of supplementary affidavit and documents
Judges
E Owuor
Legal Topics
Stay of Execution, Supplementary Affidavit, Appeal Preparation
Source Language
en
Civil Procedure Stay of Execution Supplementary Affidavit Appeal Preparation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Freight Consultants Limited

Applicant

Elegant Freighters Limited

Respondent

Procedural Posture

Civil Miscellaneous Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant should be allowed to file a supplementary affidavit and put on record the judgment and ruling subject to the intended appeal.
  2. 2 Whether the hearing of the application should be adjourned to allow for the filing of additional documents.

Ratio Decidendi

The court exercised its discretion to adjourn the hearing of the application to allow the applicant to file a supplementary affidavit and to put on record the judgment and ruling that are the subject matter of the intended appeal. This was deemed necessary for the proper and fair determination of the application for stay. The court further directed that the hearing dates for the application be fixed at the Registry at a date convenient to both the court and counsel, ensuring procedural fairness and compliance with the rules of court.

Court Disposition

adjourned for filing of supplementary affidavit and documents

Orders

  • Matter taken out of today's hearing list to enable the applicant to file a supplementary affidavit and put on record the judgment and ruling subject to the intended appeal.
  • Hearing dates for this application to be fixed at the Registry on a date convenient to the court and counsel.