[1999] KECA 21 (KLR)
The Court of Appeal determined that, in the interest of justice, the applicant should be allowed an adjournment to rectify the omission of the Notices of Appeal from the record. The court found that granting the adjournment would not prejudice the respondent and would ensure that the appeal process is conducted on a...
Source-derived case information.
- Citation
- [1999] KECA 21 (KLR)
- Parties
- Applicant: The Republic; Applicant: The Permanent Secretary, Ministry of Agriculture, Livestock Development and Marketing; Respondent: Simon Quiggrey Ogila
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 87 of 1999
- Procedural Posture
- Civil Application / Application for Adjournment Pending Intended Appeal
- Outcome
- Application for adjournment granted; leave to file further replying affidavit granted; no order as to costs.
- Judges
- JE Gicheru
- Legal Topics
- Adjournment, Notice of Appeal, Procedural Omission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Applicant
The Permanent Secretary, Ministry of Agriculture, Livestock Development and Marketing
Applicant
Simon Quiggrey Ogila
Respondent
Procedural Posture
Civil Application / Application for Adjournment Pending Intended Appeal
Legal Issues
- 1 Whether the applicant should be granted an adjournment to rectify the omission of Notices of Appeal from the record.
- 2 Whether leave should be granted to file a further replying affidavit incorporating the Notices of Appeal.
Ratio Decidendi
The Court of Appeal determined that, in the interest of justice, the applicant should be allowed an adjournment to rectify the omission of the Notices of Appeal from the record. The court found that granting the adjournment would not prejudice the respondent and would ensure that the appeal process is conducted on a complete record. The court also granted leave to the applicant to file a further replying affidavit incorporating the Notices of Appeal. No order as to costs was made, reflecting the court's view that the application was not frivolous and that both parties should bear their own costs for this procedural matter.
Court Disposition
Application for adjournment granted; leave to file further replying affidavit granted; no order as to costs.
Orders
- The application for adjournment is granted.
- The applicant is granted leave to file a further replying affidavit incorporating the Notices of Appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 87 1999 (32/99 UR) BETWEEN
THE REPUBLIC ....................................... APPLICANT THE PERMANENT SECRETARY MINISTRY OF AGRICULTURE, LIVESTOCK DEVELOPMENT AND MARKETING
EX-PARTE
AND
SIMON QUIGGREY OGILA ...............................RESPONDENT
(An application in an intended appeal from a Ruling of the High Court of Kenya at Nairobi (Sheikh Amin, J) dated 14th April, 1999
in
H.C.MISC.CIVIL APPLICATION NO. 98 OF 1999)
*****************************
RULING OF THE COURT
The counsel for the applicant, though having filed Notices of Appeal in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion before us. She has therefore applied for an adjournment to enable her to rectify the omission. The respondent has opposed the application on the ground that the move is an afterthought only meant to delay the disposal of the application. We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant. The applicant is also granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed. We make no order as to costs.
Made at Nairobi this 3rd day of June, 1999.
J. E. GICHERU
...............
JUDGE OF APPEAL
P. K. TUNOI
..............
JUDGE OF APPEAL
A. A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR