[2001] KEHC 408 (KLR)

[2001] KEHC 408 (KLR)

The court accepted the Plaintiff/Respondent's explanation regarding difficulties in retrieving the file from former advocates but noted that there had been ample notice for the hearing and more effort should have been made to prepare. Consequently, the court granted a limited adjournment but imposed conditions: the...

Source-derived case information.

Citation
[2001] KEHC 408 (KLR)
Parties
Plaintiff: Paradise Mombasa Limited; Plaintiff: Paradise Mombasa Marketing Ltd; Defendant: Moshe Boiness; Defendant: Textonic Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 312 of 1998
Procedural Posture
Civil Suit / Ruling on Adjournment and Costs
Outcome
Adjournment granted with conditions.
Legal Topics
Adjournment of Hearing, Costs Award, Court Fees
Source Language
en
Civil Procedure Adjournment of Hearing Costs Award Court Fees

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Parties

Paradise Mombasa Limited

Plaintiff

Paradise Mombasa Marketing Ltd

Plaintiff

Moshe Boiness

Defendant

Textonic Limited

Defendant

Procedural Posture

Civil Suit / Ruling on Adjournment and Costs

Legal Issues

  1. 1 Whether the adjournment sought by the Plaintiff/Respondent should be granted in light of difficulties retrieving the file from former advocates.
  2. 2 Whether costs and court adjournment fees should be imposed as a condition for the adjournment.

Ratio Decidendi

The court accepted the Plaintiff/Respondent's explanation regarding difficulties in retrieving the file from former advocates but noted that there had been ample notice for the hearing and more effort should have been made to prepare. Consequently, the court granted a limited adjournment but imposed conditions: the Plaintiff/Respondent must pay court adjournment fees and the 1st Defendant/Applicant's advocate's costs before the next hearing date. This approach balances the need for fairness to the Plaintiff/Respondent with the imperative to avoid unnecessary delay and compensate the Defendant/Applicant for inconvenience and costs incurred.

Court Disposition

Adjournment granted with conditions.

Orders

  • The matter is adjourned and re-listed for hearing on 11.7.01.
  • The Plaintiff/Respondent shall pay court adjournment fees of Kshs.1,000/- before 11.7.01.