[2000] KECA 93 (KLR)
The court found that, considering the history of the matter, the application did not merit urgency. Therefore, the request for a certificate of urgency was declined, and the application would not be given priority hearing. Costs for the day's appearance were awarded to the respondent.
Source-derived case information.
- Citation
- [2000] KECA 93 (KLR)
- Parties
- Applicant: Multiple Hauliers Limited; Applicant: Joseph Kamau Ngugi; Respondent: Alfred Ombus Oruro
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 24 of ??
- Procedural Posture
- Stay Application / Application for Certificate of Urgency in the Court of Appeal
- Outcome
- Application for certificate of urgency declined; costs awarded to respondent.
- Legal Topics
- Stay of Execution, Certificate of Urgency, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Multiple Hauliers Limited
Applicant
Joseph Kamau Ngugi
Applicant
Alfred Ombus Oruro
Respondent
Procedural Posture
Stay Application / Application for Certificate of Urgency in the Court of Appeal
Legal Issues
- 1 Whether the application for stay of execution should be certified as urgent and given priority hearing.
Ratio Decidendi
The court found that, considering the history of the matter, the application did not merit urgency. Therefore, the request for a certificate of urgency was declined, and the application would not be given priority hearing. Costs for the day's appearance were awarded to the respondent.
Court Disposition
Application for certificate of urgency declined; costs awarded to respondent.
Orders
- The application is not certified as urgent and will not be given priority hearing.
- Costs of today's appearance awarded to the respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: BOSIRE, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI.24 OF 2000 (UR. 13/2000) BETWEEN
MULTIPLE HAULIERS LIMITED JOSEPH KAMAU NGUGI ...................................APPLICANTS AND ALFRED OMBUS ORURO....................................RESPONDENT
(Being an application for stay of execution of the order of the High Court at Kisumu (Justice Wambilyanga) dated 8th February, 2000 in H.C.C.C. No.101 of 1999 ********** RULING
In view of the history of this matter, I do not consider this application to be urgent and I decline to grant a certificate that the application is urgent and should be given a priority hearing. The costs of today's appearence to the Respondents.
Dated and delivered at Nairobi this 14th day of February,2000.
S.E.O. BOSIRE .............. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR