[2001] KECA 55 (KLR)
The application for stay of execution could not proceed as scheduled because one member of the bench, Shah JA, disqualified himself from hearing the matter. In the interests of justice and to ensure a fair hearing, the court ordered that the application be removed from the day's list and be set down for hearing...
Source-derived case information.
- Citation
- [2001] KECA 55 (KLR)
- Parties
- Applicant: Jayantilal Gopal Patel; Respondent: West Kenya Sugar Company Ltd; Respondent: Credit Bank Ltd; Respondent: Panachand Jivraj Shah; Respondent: Hansraj Fulchand Gudka
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 339 of 2000
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application stood over for hearing before a reconstituted bench; interim stay extended; costs in the application.
- Judges
- RO Kwach, AB Shah
- Legal Topics
- Stay of Execution, Appeal Procedure, Judicial Recusal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayantilal Gopal Patel
Applicant
West Kenya Sugar Company Ltd
Respondent
Credit Bank Ltd
Respondent
Panachand Jivraj Shah
Respondent
Hansraj Fulchand Gudka
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution should be heard by the present bench given the disqualification of one judge.
- 2 Whether the interim stay previously granted should be extended pending the hearing before a reconstituted bench.
Ratio Decidendi
The application for stay of execution could not proceed as scheduled because one member of the bench, Shah JA, disqualified himself from hearing the matter. In the interests of justice and to ensure a fair hearing, the court ordered that the application be removed from the day's list and be set down for hearing before a differently constituted bench. To prevent prejudice to the applicant, the interim stay previously granted was extended until the application is heard. The court also directed that the matter be given priority in re-listing, and that the costs for the day be in the application.
Court Disposition
Application stood over for hearing before a reconstituted bench; interim stay extended; costs in the application.
Orders
- The application is taken out of today's hearing list and is to be refixed at the registry on a priority basis before a bench excluding Shah JA.
- The interim stay granted on 6th December, 2000 is extended until the application is heard.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, SHAH & BOSIRE JJ.A)
CIVIL APPLICATION NO. NAI.339 OF 2000 (UR.168/2000)
BETWEEN
JAYANTILAL GOPAL PATEL ........................................................APPLICANT
AND
WEST KENYA SUGAR COMPANY LTD ........................... IST RESPONDENT
CREDIT BANK LTD ............................................................ 2ND RESPONDENT
PANACHAND JIVRAJ SHAH ............................................ 3RD RESPONDENT
HANSRAJ FULCHAND GUDKA ........................................ 4TH RESPONDENT
(An application for stay of execution of the decree or order or decision and of all proceedings and from a decision of the High Court of Kenya (Justice Wambiliyangah) made on the 7th day of November, 2000
in
KISUMU H.C.C.C. No.222 of 2000) *************************
ORDER OF THE COURT
As Shah JA has disqualified himself from hearing the motion before us, the application is taken out of today's hearing list and is stood over to a fresh date to be refixed at the registry on a priority basis, before a bench excluding Shah JA. The interim stay granted on 6th December, 2000 is extended until then. Today's costs shall be in the application.
Made on 20th day of March, 2001.
R.O. KWACH
…………………… JUDGE OF APPEAL
A.B. SHAH
…………………….. JUDGE OF APPEAL
S.E.O. BOSIRE
………………………… JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR