[2024] KEHC 8492 (KLR)

[2024] KEHC 8492 (KLR)

The court found that the appellant had shown sufficient cause for the delay in filing the supplementary record of appeal and submissions. However, the court exercised its discretion to penalize the appellant by imposing an adjournment fee for wasting judicial time. The orders were made to ensure compliance with...

Source-derived case information.

Citation
[2024] KEHC 8492 (KLR)
Parties
Appellant: Joseph Okuta; Respondent: Pius Okeyo Dodo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E047 of 2023
Procedural Posture
Civil Appeal / Interlocutory Ruling
Outcome
Appellant granted leave to file supplementary record of appeal and submissions out of time, subject to payment of adjournment fee.
Judges
MS Shariff
Legal Topics
Supplementary Record of Appeal, Court Fees, Case Management
Source Language
en
Civil Procedure Supplementary Record of Appeal Court Fees Case Management

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Summary, issues, holding and outcome

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Parties

Joseph Okuta

Appellant

Pius Okeyo Dodo

Respondent

Procedural Posture

Civil Appeal / Interlocutory Ruling

Legal Issues

  1. 1 Whether the appellant has shown sufficient cause for delay in filing the supplementary record of appeal.
  2. 2 Whether the appellant should be penalized for wasting judicial time.

Ratio Decidendi

The court found that the appellant had shown sufficient cause for the delay in filing the supplementary record of appeal and submissions. However, the court exercised its discretion to penalize the appellant by imposing an adjournment fee for wasting judicial time. The orders were made to ensure compliance with procedural timelines and to discourage unnecessary delays in the appellate process.

Court Disposition

Appellant granted leave to file supplementary record of appeal and submissions out of time, subject to payment of adjournment fee.

Orders

  • Appellant to file supplementary record of appeal within 7 days from the date hereof.
  • Appellant to file submissions within 21 days from the date hereof.