Case Metadata |
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| Case Number: | Civil Appeal 26 of 2000 |
|---|---|
| Parties: | Farida Kimotho v Ernest Maina |
| Date Delivered: | 24 Jan 2001 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Judgment |
| Judge(s): | Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Moijo Matayia Ole Keiwua |
| Citation: | Farida Kimotho v Ernest Maina [2001] eKLR |
| Case History: | (Appeal from the Ruling and orders of the High Court of Kenya at Nairobi (Ang'awa J) dated 12th October, 1998 in H.C.C.C. NO. 3720 OF 1995) |
| Court Division: | Civil |
| Parties Profile: | Individual v Individual |
| County: | Nairobi |
| History Docket No: | H.C.C.C. No. 3720 of 1995 |
| History Judges: | Mary Atieno Ang'awa |
| History County: | Nairobi |
| Case Outcome: | Appeal Allowed |
| 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 NAIROBI
CORAM: AKIWUMI, SHAH & KEIWUA, JJ.A
CIVIL APPEAL NO. 26 OF 2000
BETWEEN
FARIDA KIMOTHO..........................................APPELLANT
AND
ERNEST MAINA..........................................RESPONDENT
(Appeal from the Ruling and orders of the High Court of
Kenya at Nairobi (Ang'awa J) dated 12th October,
1998
in
H.C.C.C. NO. 3720 OF 1995)
*******************
JUDGMENT OF THE COURT
This appeal arises as a result of the refusal by the learned Judge (Ang'awa, J) to grant a one day adjournment to the appellant when his counsel applied for such adjournment. The suit in the superior court was listed for hearing on 12th and 13th days of October, 1998. The advocate for the appellant, in the circumstances he was facing, made a reasonable request to the effect that the hearing of his client's suit do proceed the next day.The learned Judge refused to grant the adjournment without assigning any reason or reasons for her such refusal. We are of the view that the learned Judge was rather harsh in refusing the adjournment.
The proceedings as recorded by the learned Judge leave a lot to be desired. Some portions of the proceedings make no sense.
Mr. Ngare for the respondent has, in our view, quite properly conceded that he cannot really oppose the appeal.
In these circumstances this appeal is allowed with costs.
The order of dismissal of suit for "lack of prosecution" is set aside. It is further ordered that the suit in the High Court be heard by any Judge. A copy of this judgment is directed to be sent to Ang'awa J.
Dated and delivered at Nairobi this 24th day of January, 2001.
A.M. AKIWUMI
………………………….
JUDGE OF APPEAL
A.B. SHAH
…………………………….
JUDGE OF APPEAL
M. KEIWUA
…………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.
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