Case Metadata |
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| Case Number: | Civil Appeal 83 of 1995 |
|---|---|
| Parties: | Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein |
| Date Delivered: | 26 Jul 1995 |
| Case Class: | Civil |
| Court: | Court of Appeal at Mombasa |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, John Mwangi Gachuhi |
| Citation: | Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein [1995] eKLR |
| Advocates: | Mr. Khanna for the Appellant Dr. Khaminwa for the Respondent |
| Case History: | (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 7th December, 1994 IN H.C.C.C. NO. 749 OF 1992) |
| Court Division: | Civil |
| Parties Profile: | Corporation v Individual |
| County: | Mombasa |
| Advocates: | Mr. Khanna for the Appellant Dr. Khaminwa for the Respondent |
| Case Summary: | [Ruling] Civil Practice and Procedure - record of appeal - illegibility of the record of appeal - respondent complaining that the record appeal contained illegible material which rendered it incompetent - appellant requesting to be allowed to produce the original exhibits and to file them in a supplementary record - appellant seeking an adjournment -Court of Appeal Rules rule 13 |
| History Advocates: | Both Parties Represented |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: GACHUHI, OMOLO & LAKHA, JJ.A.)
CIVIL APPEAL NO. 83 OF 1995
BETWEEN
BAMBURI PORTLAND CEMENT CO. LTD……………............................................……..APPELLANT
AND
IMRANALI CHANDBHAI ABDULHUSSEIN……………........................................…….RESPONDENT
(Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Justice
Wambilyangah) dated 7th December, 1994
IN
H.C.C.C. NO. 749 OF 1992)
***********************
RULING OF THE COURT
Ruling respondent through his advocate, Dr. Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court.
Mr. Khanna for the appellant replied that the plaintiff produced the original exhibits and requested the Court to allow him to withdraw them and replaced then with photocopies as he intended to use them elsewhere.
It was then when Dr. Khaminwa applied to the Court for adjournment to enable him to obtain these exhibits from his clients and then file the supplementary record.
Although Mr. Khanna stated that he will not refer to these exhibits and that if he does not refer to them, it will not be open to Dr. Khaminwa to refer to them, we feel that for the purpose of putting the record straight the adjournment should be granted but Dr. Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:-
Dated and delivered at Mombasa this 26th day of July, 1995
J. M. GACHUHI
…………………..
JUDGE OF APPEAL
R. S. C. OMOLO
………………….
JUDGE OF APPEAL
A. A. LAKHA
…………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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