[2003] KECA 24 (KLR)
The Court of Appeal found that the medical report provided was from a reputable hospital and its authenticity was not challenged. The court held that Mr Ojiambo's illness constituted a reasonable cause preventing representation of M/s Oraro & Company, a main party to the appeal. Refusing the adjournment would result...
Source-derived case information.
- Citation
- [2003] KECA 24 (KLR)
- Parties
- Applicant: Uhuru Highway Development Ltd & Others; Respondent: Central Bank of Kenya Deposit Fund Protection Board & 3 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 286 of 2002
- Procedural Posture
- Civil Appeal / Application for Adjournment Pending Hearing of Appeal
- Outcome
- Application for adjournment allowed; appeal stood over to new dates; costs of the day to be in the appeal.
- Legal Topics
- Adjournment of Hearing, Representation by Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uhuru Highway Development Ltd & Others
Applicant
Central Bank of Kenya Deposit Fund Protection Board & 3 Others
Respondent
Procedural Posture
Civil Appeal / Application for Adjournment Pending Hearing of Appeal
Legal Issues
- 1 Whether the illness of counsel constitutes sufficient cause for adjournment of the appeal hearing.
- 2 Whether refusal to adjourn would occasion injustice to a party due to lack of representation.
Ratio Decidendi
The Court of Appeal found that the medical report provided was from a reputable hospital and its authenticity was not challenged. The court held that Mr Ojiambo's illness constituted a reasonable cause preventing representation of M/s Oraro & Company, a main party to the appeal. Refusing the adjournment would result in the firm not being represented, thereby causing injustice. In the interests of justice, the court allowed the application for adjournment, removed the appeal from the cause list, and directed that new hearing dates be set on a priority basis.
Court Disposition
Application for adjournment allowed; appeal stood over to new dates; costs of the day to be in the appeal.
Orders
- The application for adjournment is allowed.
- The appeal is removed from today's and tomorrow's cause list.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Omolo, Tunoi & Lakha JJ A)
CIVIL APPEAL NO 286 OF 2001
UHURU HIGHWAY DEVELOPMENT LTD & OTHERS…………..APPLICANT
VERSUS
CENTRAL BANK OF KENYA DEPOSIT FUND
PROTECTION BOARD & 3 OTHERS………………………....RESPONDENT
(Appeal from a ruling of the High Court of Kenya at Nairobi Aganyanya J
dated the 12th day of July, 2001 in H.C.C.C No. 589 of 1999)
RULING
We think that the medical report that has been shown to us is from a reputable hospital; and moreover, no one has challenged its authenticity.
It would appear therefore that Mr Ojiambo is prevented from a reasonable cause, namely, an illness or incapacity to represent the firm of M/s Oraro & Company which is one of the main parties to the appeal. We believe that if we refuse adjournment it would mean that the said firm would not be represented in the appeal and thus occasioning it injustice. In the interests of justice we allow the application for adjournment. The appeal is taken out of to-day’s and to-morrow’s cause list and is stood over to new dates to be obtained in the Registry on a priority basis.
We advise the Deputy Registrar to assign at least four days for the hearing of the appeal. We order that the costs of today shall be in the appeal in any event.
Dated and delivered at Nairobi this 22nd day of May, 2002
R.S.C OMOLO
………………………….
JUDGE OF APPEAL
P.K.TUNOI
………………………….
JUDGE OF APPEAL
A.A. LAKHA
………………………….
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR