[1996] KECA 162 (KLR)
The Court found that the appellant's application for adjournment was frivolous, as objections to the composition of the bench and requests for a larger bench were without merit. Furthermore, the appeal itself was rendered moot because the subject property had already been transferred and registered in the name of...
Source-derived case information.
- Citation
- [1996] KECA 162 (KLR)
- Parties
- Appellant: Kenneth Imbahale Akibaya; Respondent: City Council of Nairobi; Respondent: Vallabhdas Karsandas Raniga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 181 of 1993
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Judges
- RO Kwach, AM Akiwumi, AB Shah
- Legal Topics
- Appeal Dismissal, Adjournment Application, Panel Composition, Transfer of Land, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Imbahale Akibaya
Appellant
City Council of Nairobi
Respondent
Vallabhdas Karsandas Raniga
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant's application for adjournment based on objection to the bench composition and request for a 5-judge bench was meritorious.
- 2 Whether the appeal had been overtaken by events due to the transfer and registration of the disputed property following a prior judgment.
- 3 Whether the appeal should be dismissed with costs.
Ratio Decidendi
The Court found that the appellant's application for adjournment was frivolous, as objections to the composition of the bench and requests for a larger bench were without merit. Furthermore, the appeal itself was rendered moot because the subject property had already been transferred and registered in the name of the second respondent following a prior judgment of the Court in Civil Appeal No. 126/91. As there was no longer any live issue for determination, the appeal was dismissed with costs to the respondents.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, AKIWUMI & SHAH, JJ.A. CIVIL APPEAL NO. 181 OF 1993
BETWEEN
KENNETH IMBAHALE AKIBAYA .........................................APPELLANT
AND
1. CITY COUNCIL OF NAIROBI
2. VALLABHDAS KARSANDAS RANIGA......................RESPONDENTS
(Appeal from a Ruling of the High Court of Kenya at Nairobi (Justice Mango) dated 10th March, 1992
in
H.C.C.C. NO. MISC.359 OF 1984) ****************
JUDGMENT OF THE COURT
Mr Akibaya has applied for this appeal to be adjourned as he objects to the participation of Akiwumi & Shah, JJ.A and also because he wants the appeal to be heard by a 5-judge bench.
We reject the application as we consider it absolutely frivolous. Mr Akibaya then decided to gather his papers and leave the Court. That apart, we are informed by Mr Khan that this appeal has been overtaken by events as the subject matter of the suit namely Plot L.R. No. 37/566 Nairobi has been ordered transferred to and registered in the name of Mr V.K. Raniga, the second respondent following the judgment of this Court in Civil Appeal No. 126/91. In the circumstances, we see no merit in this appeal and we order it to be dismissed with costs to the respondents.
Dated and delivered at Nairobi this 30th day of September, 1996.
R.O. KWACH
..............................
JUDGE OF APPEAL
A.M. AKIWUMI
.........................
JUDGE OF APPEAL
A.B. SHAH
..........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR