[2002] KECA 23 (KLR)

[2002] KECA 23 (KLR)

The court, while expressing reservations about the merits of the application, exercised its discretion to grant the adjournment sought by the applicants and allowed them to file a further affidavit. The matter was stood over to a fresh date to be refixed, and no order as to costs was made. The decision was based on...

Source-derived case information.

Citation
[2002] KECA 23 (KLR)
Parties
Applicant: Raphael Kilonzo; Applicant: Benard Kilonzo; Applicant: Boniface Kilonzo; Respondent: Johnstone Kilonzo Mutua; Respondent: Mbuli Mutua
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 63 of 1995
Procedural Posture
Civil Application / Application for Extension of Time to File Intended Appeal
Outcome
Adjournment granted; leave to file further affidavit granted; no order as to costs.
Legal Topics
Extension of Time, Appeals, Adjournment, Leave to File Affidavit
Source Language
en
Civil Procedure Extension of Time Appeals Adjournment Leave to File Affidavit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Raphael Kilonzo

Applicant

Benard Kilonzo

Applicant

Boniface Kilonzo

Applicant

Johnstone Kilonzo Mutua

Respondent

Mbuli Mutua

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Intended Appeal

Legal Issues

  1. 1 Whether the applicants should be granted an adjournment.
  2. 2 Whether leave should be granted to file a further affidavit in support of the application for extension of time.

Ratio Decidendi

The court, while expressing reservations about the merits of the application, exercised its discretion to grant the adjournment sought by the applicants and allowed them to file a further affidavit. The matter was stood over to a fresh date to be refixed, and no order as to costs was made. The decision was based on the court's inherent powers to manage its proceedings and ensure fairness to the parties, particularly in interlocutory matters where additional evidence may be necessary for the just determination of the issues.

Court Disposition

Adjournment granted; leave to file further affidavit granted; no order as to costs.

Orders

  • Adjournment granted as prayed.
  • Leave granted to the applicant to file a further affidavit.