[2002] KECA 55 (KLR)

[2002] KECA 55 (KLR)

The Court of Appeal exercised its discretion to adjourn the application because the applicant's counsel was suffering from a serious illness, recognizing that fair hearing requires both parties to be adequately represented. The court further ordered that the respondent pay the costs occasioned by the adjournment to...

Source-derived case information.

Citation
[2002] KECA 55 (KLR)
Parties
Applicant: Text Book Centre Limited; Respondent: Kipyator Nicholas Kiprono Biwott
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 385 of 2001
Procedural Posture
Civil Application / Adjournment Order
Outcome
Application stood over to a new date; respondent to pay today's costs to the applicant.
Legal Topics
Adjournment, Costs Award, Court Registry Procedure
Source Language
en
Civil Procedure Adjournment Costs Award Court Registry Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Text Book Centre Limited

Applicant

Kipyator Nicholas Kiprono Biwott

Respondent

Procedural Posture

Civil Application / Adjournment Order

Legal Issues

  1. 1 Whether the application should be adjourned due to the applicant's counsel's illness.
  2. 2 Who should bear the costs of the adjournment.

Ratio Decidendi

The Court of Appeal exercised its discretion to adjourn the application because the applicant's counsel was suffering from a serious illness, recognizing that fair hearing requires both parties to be adequately represented. The court further ordered that the respondent pay the costs occasioned by the adjournment to the applicant, reflecting the principle that the party occasioning the adjournment or not prejudiced by it should bear the costs. The adjournment was to be on a priority basis, with a new date to be obtained from the registry.

Court Disposition

Application stood over to a new date; respondent to pay today's costs to the applicant.

Orders

  • The application is stood over to a new date to be obtained in the Registry on a priority basis.
  • The respondent shall pay today's costs to the applicant.