[2003] KECA 115 (KLR)
The court found that, given the potential for irreparable harm to the applicant if the residential property were sold before the intended appeal is determined, there was no impediment to certifying the application as urgent. The absence of the amended notice of motion on the file was due to a registry hitch and did...
Source-derived case information.
- Citation
- [2003] KECA 115 (KLR)
- Parties
- Applicant: Ibrahim K. Iddi; Respondent: Seif Bin Salim Trustees
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 117 of 2002
- Procedural Posture
- Civil Application / Ruling on Urgency
- Outcome
- Application certified as urgent.
- Legal Topics
- Extension of Time, Urgency Certification, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim K. Iddi
Applicant
Seif Bin Salim Trustees
Respondent
Procedural Posture
Civil Application / Ruling on Urgency
Legal Issues
- 1 Whether the application for extension of time to deem the notice of appeal as properly filed should be certified as urgent.
- 2 Whether the absence of the amended notice of motion on the court file affects the urgency determination.
Ratio Decidendi
The court found that, given the potential for irreparable harm to the applicant if the residential property were sold before the intended appeal is determined, there was no impediment to certifying the application as urgent. The absence of the amended notice of motion on the file was due to a registry hitch and did not affect the merits of the urgency application. Therefore, the application was certified as urgent to prevent possible injustice.
Court Disposition
Application certified as urgent.
Orders
- The application is certified as urgent.
- Costs will be in the application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 117 OF 2002
BETWEEN
IBRAHIM K. IDDI .................................... APPLICANT AND SEIF BIN SALIM TRUSTEES ........................... RESPONDENT
(An application for extension of time to have notice o f
appeal deemed as properly filed and lodged in an
intended appeal from the ruling of the High Court of
Kenya at Mombasa (Comm Tutui) dated 12th February,
2002
in
H.C.C.C. NO. 564 OF 2000)
****************
RULING ON URGENCY
When I declined to certify Civil Application No. NAI 117 of 2002 as urgent there was no amended notice of motion on Court file. It appears that the motion was not on the file on account of some hitch in the Registry of this Court. I have seen the amended application. I see no impediment in certifying this application as urgent in view of the fact that in the event, eventually, of the intended appeal succeeding and the residential property of the applicant having been sold in the meanwhile the damage could well be irreparable. I now certify this application as urgent. Costs will be in application. Made at Mombasa this 29th day of January, 2003. A. B. SHAH --------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR