[2001] KECA 131 (KLR)

[2001] KECA 131 (KLR)

The court granted the applicants' unopposed applications to amend the memorandum of appeal and directed that the amended memorandum be filed within seven days and annexed to the record of appeal. The respondent was awarded costs for both applications, as there was no opposition and no special reason to deny costs....

Source-derived case information.

Citation
[2001] KECA 131 (KLR)
Parties
Applicant: Mohamed Osman M. Yusuf; Applicant: Ebrahim M. Yusuf; Applicant: Mohamed Esmail M. Yusuf; Applicant: Mohamed Hussein M. Yusuf; Respondent: Contact Lense Opticians
Court
Court of Appeal
Court Station
Court of Appeal at Malindi
Jurisdiction
Kenya
Case Number
? 206 of ??
Procedural Posture
Civil Miscellaneous Application / Ruling on Unopposed Applications to Amend Memorandum of Appeal and Related Directions
Outcome
Applications granted as prayed; respondent awarded costs.
Judges
AM Akiwumi
Legal Topics
Amendment of Pleadings, Memorandum of Appeal, Costs Award
Source Language
en
Civil Procedure Amendment of Pleadings Memorandum of Appeal Costs Award

Source-derived case record

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Parties

Mohamed Osman M. Yusuf

Applicant

Ebrahim M. Yusuf

Applicant

Mohamed Esmail M. Yusuf

Applicant

Mohamed Hussein M. Yusuf

Applicant

Contact Lense Opticians

Respondent

Procedural Posture

Civil Miscellaneous Application / Ruling on Unopposed Applications to Amend Memorandum of Appeal and Related Directions

Legal Issues

  1. 1 Whether the applicants should be granted leave to amend the memorandum of appeal.
  2. 2 Whether the respondent is entitled to costs for the applications.

Ratio Decidendi

The court granted the applicants' unopposed applications to amend the memorandum of appeal and directed that the amended memorandum be filed within seven days and annexed to the record of appeal. The respondent was awarded costs for both applications, as there was no opposition and no special reason to deny costs. The decision was based on the absence of objection and the general principle that costs follow the event.

Court Disposition

Applications granted as prayed; respondent awarded costs.

Orders

  • The applicants are granted leave to amend the memorandum of appeal.
  • The amended memorandum of appeal shall be filed within 7 days and annexed to the record of appeal.