[2001] KECA 20 (KLR)
The court held that the respondent was entitled to an adjournment because the hearing notice was served late, and two days were excluded in the computation of time. Denying the respondent an opportunity to file a replying affidavit would amount to a denial of justice, especially given the complex and unresolved...
Source-derived case information.
- Citation
- [2001] KECA 20 (KLR)
- Parties
- Applicant: Khalid Mahmood Butt; Applicant: Evanson Jidiraph Kamau; Applicant: Bertha Wanjiru Kamau; Applicant: Church Commissioners for Kenya; Respondent: Edward Rurii Kanjabi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 176 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- adjournment granted; leave to file replying affidavit within three days; application stood over for new date; costs in the cause
- Legal Topics
- Extension of Time, Adjournment, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khalid Mahmood Butt
Applicant
Evanson Jidiraph Kamau
Applicant
Bertha Wanjiru Kamau
Applicant
Church Commissioners for Kenya
Applicant
Edward Rurii Kanjabi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the respondent should be granted an adjournment to file a replying affidavit.
- 2 Whether late service of the hearing notice justifies an adjournment.
- 3 Whether denying the respondent an opportunity to reply would amount to a denial of justice.
Ratio Decidendi
The court held that the respondent was entitled to an adjournment because the hearing notice was served late, and two days were excluded in the computation of time. Denying the respondent an opportunity to file a replying affidavit would amount to a denial of justice, especially given the complex and unresolved nature of the disputes between the parties. The court therefore granted leave for adjournment, allowed the respondent to file a replying affidavit within three days, and directed that the application be removed from the day's cause list and given a new hearing date on a priority basis.
Court Disposition
adjournment granted; leave to file replying affidavit within three days; application stood over for new date; costs in the cause
Orders
- The respondent is granted leave to lodge a replying affidavit within three days.
- The application is removed from the day's cause list and stood over to a new date to be obtained in the Registry on a priority basis.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. 176 OF 2001
1. KHALID MAHMOOD BUTT
2. EVANSON JIDIRAPH KAMAU
3. BERTHA WANJIRU KAMAU
4. CHURCH COMMISSIONERS FOR KENYA................................................. APPLICANTS
AND
EDWARD RURII KANJABI .............................................................................RESPONDENT
(Application for extension of time to file an appeal out of time in an intended appeal
from a Ruling of the High Court of Kenya at Nairobi (Osiemo, J.) dated 4th July, 2001
in
H.C.C.C. 6062 OF 1992)
*****************
R U L I N G
In my view, the application for adjournment is justified in the circumstances. The respondent's counsel was served with the hearing notice only on 22nd June, 2001. Between then and now were two days normally excluded by the Court in computation of time. Moreover, it would amount to a denial of justice if the respondent is denied a right to reply to the affidavit in support of the application. Again in view of the myriad suits and applications of varied nature between the parties, many of which have not been resolved, the respondent deserves a right to lodge a replying affidavit. I grant leave for an adjournment.
The respondent shall have leave to lodge a replying affidavit within three (3) days hereof. The application is taken out of to-days cause list and stood over to a new date to be obtained in the Registry on a priority basis. The costs occasioned by this application shall be in the cause in any event.
Dated at Nairobi this 20th day of June, 2001.
P. K. TUNOI
............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR