ALI MASOUD MWAKILEO vs A Y A JIWAJI AND JIWANJI [1985] KECA 109 (KLR)
The bottom line
#Kenya's Court of Appeal granted an adjournment but made the applicant pay costs for a wasted hearing he could have avoided by checking the cause list.
What this practically means
#Executive summary
#Key legal issues
#Adjournment and costs of an application for extension of time for service of notice of appeal
The application was adjourned, with the applicant paying the costs of the abortive hearing, because he should have known the court would be sitting in Mombasa and could have enquired whether the matter would be listed.
The court noted the substantive point closely resembled Cassam & Anor v Sachanja & Anor. On the adjournment grounds of late service and insufficient preparation time, the judge reasoned the applicant's clerk could have enquired about listing and the matter appeared in the published cause list. Mr Jiwaji did not strenuously oppose the adjournment. The main appeal could not proceed before the application was disposed of, so it was taken out of the list, with adjournment costs reserved.
Legal principles established
#- An applicant seeking an adjournment of a Court of Appeal application must bear the costs of an abortive hearing where he ought to have been aware of the court's sitting schedule and could have enquired about listing.
Court orders
#- 1.Adjournment of the application for extension of time granted
- 2.Applicant to pay the costs of the day's abortive hearing of the application to the respondent in any event
- 3.Main appeal, Civil Appeal 12 of 1986, taken out of the list and to be re-listed for the next sessions
- 4.Costs of the adjournment of the main appeal reserved until the main appeal is heard
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal over extension of time for service of notice of appeal (provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ALI MASOUD MWAKILEO vs A Y A JIWAJI AND JIWANJI [1985] KECA 109 (KLR)", Case Analysis (1986). Civil Application Nai. (not fully stated in judgment; related main appeal: Civil Appeal 12 of 1986). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1985/109/eng@1985-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.