[2002] KEHC 615 (KLR)
The court found that the notice served on the respondent was inadequate, as it allowed only about two days for preparation and attendance, during which the respondent had already fixed another matter in Nairobi. The court held that the applicant was unreasonable in opposing the adjournment, especially since the...
Source-derived case information.
- Citation
- [2002] KEHC 615 (KLR)
- Parties
- Plaintiff: Petrosa General Contractors; Defendant: Flagship Carriers Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 125 of ??
- Procedural Posture
- Civil Case / Interlocutory Application for Adjournment
- Outcome
- adjournment granted; costs awarded to respondent
- Legal Topics
- Adjournment of Hearing, Service of Process, Certificate of Urgency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Petrosa General Contractors
Plaintiff
Flagship Carriers Limited
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Adjournment
Legal Issues
- 1 Whether the notice given to the respondent for the application was adequate.
- 2 Whether the application for adjournment was merited under the circumstances.
Ratio Decidendi
The court found that the notice served on the respondent was inadequate, as it allowed only about two days for preparation and attendance, during which the respondent had already fixed another matter in Nairobi. The court held that the applicant was unreasonable in opposing the adjournment, especially since the application could have been filed earlier and did not warrant a certificate of urgency. The adjournment was therefore merited and occasioned by the applicant's actions.
Court Disposition
adjournment granted; costs awarded to respondent
Orders
- The application for adjournment is granted.
- The entire application to be heard on 15.7.2002 before Honourable Commissioner Omwitsa.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 125 OF 2000
PETROSA GENERAL CONTRACTORS ……………… PLAINTIFF
Versus
FLAGSHIP CARRIERS LIMITED …………………….. DEFENDANT
COURT
Respondent was served on 9. 7.2002 with the application. This is not disputed. That gave no more than about two days. Already the Respondents had fixed another matter in the High Court at Nairobi HCCC 164/1992 before Hon. Justice Githinji. It is clear to me that the Notice given was clearly inadequate and I do feel with every respect that the Applicant is being unreasonable in opposing this application for adjournment. This is an application that should have been filed sometime back and needed not come under Certificate of Urgency. I do find application for adjournment merited. It is occasioned by the actions of the Appellant. I will grant it. Let the entire application be heard on 15. 7.2002 before Honourable Commissioner Omwitsa. Applicant to pay court adjournment cost of today.
J.W. ONYANGO OTIENO JUDGE 11/7/2002