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Case Brief · caselaw.co.ke
Court of AppealOtherCivil Appeal No. 231 of 1998

CITY FINANCE LTD vs ANNE MUMBI HINGA STEPHEN NGETHE HINGA SAMSON KEENGU NYAMWEYA SAMSON MOGIKOYO NYARANGI [1999] KECA 130 (KLR)

Court of Appeal
27 May 1999
241 words in judgment
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The bottom line

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Kenya's Court of Appeal warned that adjournments are not granted for the asking, and made the party seeking one pay costs.

What this practically means

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Executive summary

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This document is a short interlocutory order, not a full judgment, of the Court of Appeal at Nairobi (Omolo, Shah and Owuor JJ.A) dated 27 May 1999 in Civil Appeal No. 231 of 1998, an appeal by City Finance Ltd against a High Court judgment of Mbito J dated 21 October 1994 in H.C.C.C. No. 4292 of 1991. The appeal came up for hearing, but the court dealt with an adjournment application grounded on matters including the late instruction of counsel and the death of the second respondent, Stephen Ngethe Hinga. The court restated, for the benefit of counsel present, that it looks with disfavour on adjournment applications on such grounds, and warned counsel not to take briefs in the hope that adjournments will be granted for the asking; parties wishing to instruct counsel to lead must do so within a reasonable time. Nonetheless, the court reluctantly adjourned the appeal to a date to be fixed in the registry. Before doing so, it ordered the substitution of the first respondent, Anne Mumbi Hinga, in place of the deceased second respondent. The first and fourth respondents were ordered to pay the costs of the day to the appellant. No authorities were cited, no issues of law were determined, and the decision below was not disturbed; the substantive appeal remained pending.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal should be adjourned on the grounds pleaded by the parties
  2. 2.Whether the first respondent, Anne Mumbi Hinga, should be substituted in place of the deceased second respondent, Stephen Ngethe Hinga
  3. 3.Who should bear the costs of the day

Key legal issues

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01

Adjournment of appeal on late-instructed-counsel grounds

Holding

The court reluctantly adjourned the appeal but expressed strong disfavour for adjournment applications based on late instruction of counsel, warning counsel against taking briefs in the expectation of obtaining adjournments for the asking.

Reasoning

The court restated its practice that adjournments on such grounds are looked upon with disfavour. Parties who wish to instruct counsel to lead, or make similar arrangements, must do so within a reasonable time. The adjournment was granted reluctantly, coupled with a caution to the bar and an adverse costs order against the respondents seeking it.

p. 2
02

Substitution of a deceased respondent

Holding

The court ordered the first respondent, Anne Mumbi Hinga, to be substituted in place of the deceased second respondent, Stephen Ngethe Hinga, before adjourning the appeal.

Reasoning

As a procedural step preceding the adjournment, the court directed substitution of the deceased second respondent by the first respondent, ensuring the appeal could proceed on the next date with a properly constituted set of parties.

p. 2

Legal principles established

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  • Applications for adjournment on grounds such as those pleaded in this matter are disfavoured; counsel must not take briefs expecting adjournments as a matter of course, and parties wishing to instruct counsel to lead must do so within a reasonable time.

Court orders

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  1. 1.The first respondent, Anne Mumbi Hinga, was ordered substituted in place of the deceased second respondent, Stephen Ngethe Hinga
  2. 2.The appeal was adjourned to a date to be fixed in the registry
  3. 3.The first and fourth respondents were ordered to pay the costs of the day to the appellant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority

Wrote the judgment

majority

Wrote the judgment

On appeal from
High Court of Kenya at Nairobi
H.C.C.C. No. 4292 of 1991
Jurisdiction invoked
Appellate jurisdiction of the Court of Appeal over an appeal from the High Court (Civil Appeal No. 231 of 1998); no specific constitutional or statutory provision is cited in the order.

Relief refused

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Adjournment on the grounds pleaded

The court granted the adjournment only reluctantly and warned that such grounds would not ordinarily justify adjournment

p. 2

Costs

The first and fourth respondents shall pay the costs of the day to the appellant.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

this Court looks with disfavour applications for adjournment on grounds such as those pleaded here
p. 2Adjournment applications
we would once again warn counsel that they ought not to take briefs with the hope that adjournment will be given to them for the asking
p. 2Counsel's duty regarding briefs and adjournments
We adjourn the appeal to a date to be fixed in the registry. The first and fourth respondents shall pay the costs of to-day to the appellant.
p. 2Final orders - adjournment and costs of the day

Issues in the judgment

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minor

The document is a short interlocutory order of the Court of Appeal rather than a full reasoned judgment; it contains no framed issues, no analysis of the decision below, and no authorities, which limits the brief's content.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "CITY FINANCE LTD vs ANNE MUMBI HINGA STEPHEN NGETHE HINGA SAMSON KEENGU NYAMWEYA SAMSON MOGIKOYO NYARANGI [1999] KECA 130 (KLR)", Case Analysis (1999). Civil Appeal No. 231 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/130/eng@1999-05-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.