[2022] KECA 465 (KLR)
The Court found that, pursuant to rule 53 of the Court of Appeal Rules, the application dated 7th December 2021 for amendment of the notice of appeal ought to be heard before a single Judge. The Court directed that the application be placed before a single Judge within seven days and allowed any party wishing to...
Source-derived case information.
- Citation
- [2022] KECA 465 (KLR)
- Parties
- Applicant: Miwani Sugar Company (1989) Limited In Receivership; Respondent: Crossley Holdings Ltd; Respondent: Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries; Respondent: Agriculture & Food Authority; Respondent: County Government of Kisumu; Respondent: Attorney General; Respondent: Richard Ochieng Ogendo; Respondent: Julius Okello Kungu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E207 of 2021
- Procedural Posture
- Civil Application / Ruling on Interlocutory Application to Amend Notice of Appeal
- Outcome
- Application to amend notice of appeal to be heard before a single Judge; directions issued for filing of responses; costs in the appeal.
- Judges
- DK Musinga, S ole Kantai, A Mbogholi-Msagha
- Legal Topics
- Amendment of Notice of Appeal, Court of Appeal Rules, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miwani Sugar Company (1989) Limited In Receivership
Applicant
Crossley Holdings Ltd
Respondent
Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries
Respondent
Agriculture & Food Authority
Respondent
County Government of Kisumu
Respondent
Attorney General
Respondent
Richard Ochieng Ogendo
Respondent
Julius Okello Kungu
Respondent
Procedural Posture
Civil Application / Ruling on Interlocutory Application to Amend Notice of Appeal
Legal Issues
- 1 Whether the application to amend the notice of appeal should be heard before a single Judge as per the Court of Appeal Rules.
- 2 Whether parties opposing the application should be granted time to file replying affidavits and submissions.
Ratio Decidendi
The Court found that, pursuant to rule 53 of the Court of Appeal Rules, the application dated 7th December 2021 for amendment of the notice of appeal ought to be heard before a single Judge. The Court directed that the application be placed before a single Judge within seven days and allowed any party wishing to oppose the application to file and serve a replying affidavit and submissions within three days. The Court exercised its discretion to ensure procedural fairness and compliance with the rules, without making a determination on the merits of the amendment application itself.
Court Disposition
Application to amend notice of appeal to be heard before a single Judge; directions issued for filing of responses; costs in the appeal.
Orders
- The applicant's application dated 7th December 2021 to amend the notice of appeal shall be placed before a single Judge within seven days from the date of this ruling.
- Any party wishing to oppose the application may file and serve a replying affidavit and submissions within three days from the date of this ruling.
Full Case Text
Judgment text and source record
31 paragraphs
Miwani Sugar Company (1989) Limited In Receivership v Crossley Holdings Ltd & 6 others (Civil Application E207 of 2021) [2022] KECA 465 (KLR) (18 March 2022) (Ruling)
Neutral citation: [2022] KECA 465 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E207 of 2021
DK Musinga, S ole Kantai & A Mbogholi-Msagha, JJA
March 18, 2022
Between
Miwani Sugar Company (1989) Limited In Receivership
Applicant
and
Crossley Holdings Ltd
1st Respondent
Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries
2nd Respondent
Agriculture & Food Authority
3rd Respondent
County Government of Kisumu
4th Respondent
Attorney General
5th Respondent
Richard Ochieng Ogendo
6th Respondent
Julius Okello Kungu
7th Respondent
(An application for striking out/dismissal of the Notice of Appeal and the entire record of appeal filed pursuant to the provisions of Sections 3, 5, (2)(d) of the Appellate Jurisdiction Act, Cap 9 Laws of Kenya and Rules 75 and 84 of the Court of Appeal Rules, 2010 arising from the Judgment and Decree of the Environment and Land Court at Kisumu (A.O. Ombwayo, J.) dated 30th September 2021in E.L.C. Constitutional Petition No. 6 of 2020)
Ruling
1. We have considered the oral submissions by counsel regarding the appellant/applicant’s application dated 7th December 2021 seeking to amend the notice of appeal dated 7th October 2021.
2. We have also carefully looked at the provisions of rule 53 of this Court’s Rules. We are satisfied that the applicant’s application dated 7th December 2021 ought to be heard before a single Judge. Consequently, we hereby direct that the said application be placed before a single Judge within the next seven (7) days from the date hereof.
3. Any party who wishes to oppose the said application may file and serve a replying affidavit and submissions thereto within the next three (3) days from the date hereof. Today’s costs shall be in the appeal.
DATED AND DELIVERED AT NAIROBI THIS 18THDAY OF MARCH, 2022. D. K. MUSINGA, (P)....................................JUDGE OF APPEALS. ole KANTAI....................................JUDGE OF APPEALA. MBOGHOLI MSAGHA....................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR