[1999] KECA 39 (KLR)
The Court of Appeal determined that since the party who may be affected by the outcome of the appeal has now been properly joined, it is appropriate to adjourn the hearing to the next session to allow all parties to participate fully. The court exercised its discretion to stand over the hearing in the interests of...
Source-derived case information.
- Citation
- [1999] KECA 39 (KLR)
- Parties
- Appellant: Kabitao Karanja; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 310 of 1997
- Procedural Posture
- Civil Appeal / Order on Adjournment; Interlocutory
- Outcome
- Hearing of the appeal stood over to the next session; no order as to costs for the day.
- Legal Topics
- Joinder of Parties, Adjournment, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kabitao Karanja
Appellant
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Order on Adjournment; Interlocutory
Legal Issues
- 1 Whether the proper parties have been joined to the appeal.
- 2 Whether the hearing should proceed or be adjourned.
Ratio Decidendi
The Court of Appeal determined that since the party who may be affected by the outcome of the appeal has now been properly joined, it is appropriate to adjourn the hearing to the next session to allow all parties to participate fully. The court exercised its discretion to stand over the hearing in the interests of justice and fair procedure, and made no order as to costs for the day, reflecting the interlocutory nature of the order and the absence of opposition or prejudice to any party.
Court Disposition
Hearing of the appeal stood over to the next session; no order as to costs for the day.
Orders
- The hearing of the appeal is stood over to the next session of the court at Nyeri.
- There will be no order as to costs of today.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KEYA IN THE COURT OF APPEAL
AT NYERI
(CORAM: GICHERU, OMOLO & SHAH, JJ.A.)
CIVIL APPEAL NO. 310 OF 1997
BETWEEN KABITAO KARANJA .................................... APPELLANT AND THE ATTORNEY GENERAL .............................. RESPONDENT
(Appeal from the order of the High Court of Kenya at Nyeri (Tunoi, J) dated 20th September, 1990 in H.C.C.APPLN. NO. 44 OF 1986) ******************* ORDER OF THE COURT
As the party who may be affected by this appeal has now been made a party to this appeal, the hearing of this appeal is stood over to the next session of this court at Nyeri.
There will be no order as to costs of today.
Made at Nyeri this 11th day of May, 1999.
J. E. GICHERU ............... JUDGE OF APPEAL R. S. C. OMOLO ............... JUDGE OF APPEAL A. B. SHAH ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR