[2002] KECA 103 (KLR)
The Court exercised its discretion to allow the amendment of the record of appeal to include the required certificate under rule 85(5) of the Court of Appeal Rules, noting that all respondents did not oppose the application on condition that their costs were paid. The Court found no reason to deny the application...
Source-derived case information.
- Citation
- [2002] KECA 103 (KLR)
- Parties
- Applicant: Kamlesh Mansukhlal Damji Pattni; Respondent: Central Bank of Kenya; Respondent: Deposit Fund Protection Board; Respondent: Joseph Kittony; Respondent: George Oraro; Respondent: Messrs Oraro and Company; Respondent: Uhuru Highway Development Ltd; Respondent: Pansal Investments Ltd; Respondent: Grand Hotels Management Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 194 of 2002
- Procedural Posture
- Civil Application / Application for Leave to Amend Record of Appeal
- Outcome
- Application allowed with costs to the respondents.
- Legal Topics
- Amendment of Record, Court of Appeal Rules, Leave to Amend, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamlesh Mansukhlal Damji Pattni
Applicant
Central Bank of Kenya
Respondent
Deposit Fund Protection Board
Respondent
Joseph Kittony
Respondent
George Oraro
Respondent
Messrs Oraro and Company
Respondent
Uhuru Highway Development Ltd
Respondent
Pansal Investments Ltd
Respondent
Grand Hotels Management Ltd
Respondent
Procedural Posture
Civil Application / Application for Leave to Amend Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to amend the record of appeal to include a certificate under rule 85(5) of the Court of Appeal Rules.
- 2 Whether the respondents are entitled to costs of the motion.
Ratio Decidendi
The Court exercised its discretion to allow the amendment of the record of appeal to include the required certificate under rule 85(5) of the Court of Appeal Rules, noting that all respondents did not oppose the application on condition that their costs were paid. The Court found no reason to deny the application and granted the motion as prayed, directing the applicant to bear the respondents' costs and to file and serve a supplementary record by 4 p.m. the same day.
Court Disposition
Application allowed with costs to the respondents.
Orders
- The motion for leave to amend the record of appeal is granted as prayed.
- The applicant shall bear the respondents' costs of the motion.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, LAKHA & BOSIRE JJ.A) CIVIL APPLICATION NO. NAI. 194 OF 2002
BETWEEN
KAMLESH MANSUKHLAL DAMJI PATTNI ...............APPLICANT
AND
CENTRAL BANK OF KENYA )
DEPOSIT FUND PROTECTION BOARD )
JOSEPH KITTONY )
GEORGE ORARO )
MESSRS ORARO AND COMPANY )
UHURU HIGHWAY DEVELOPMENT LTD )
PANSAL INVESTMENTS LTD )
GRAND HOTELS MANAGEMENT LTD ) .......... RESPONDENTS
An application to amend the record of appeal in Civil Appeal No. 15 of 2002 from a ruling of the High Court of Kenya at Nairobi (Hon. Mr.Justice Aganyanya) dated the 12th day of July 2001
in
H.C.C.C. NO.589 OF 1999) *****************
RULING OF THE COURT
This is a motion for leave to amend the record of appeal to include a certificate under rule 85(5) of the Court of Appeal Rules. As all counsel on record for the respondents do not oppose the motion subject to payment of their respective costs, we are inclined to grant the motion as prayed, but the applicant shall bear the respondents' costs of the motion.
The applicant to file and serve a supplementary record by 4 p.m. today.
Dated and delivered at Nairobi this 31st day of July 2002.
P.K. TUNOI
……………………. JUDGE OF APPEAL
A.A. LAKHA
…………………………. JUDGE OF APPEAL
S.E.O. BOSIRE
……………………….. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR