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Court of AppealAllowedCivil Application No. NAI. 42 of 2002 (25/2002 UR)
Paramount Bank Limited v Agriculture Syndicate Limited [2002] KECA 46 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal gave Paramount Bank extra time to appeal, keeping its challenge to the High Court's judgment alive.
What this practically means
#Executive summary
#This document is not a reasoned appellate judgment but a brief consent order made by a single Judge of Appeal sitting in chambers at Nairobi. Paramount Bank Limited, styled as the Applicant, moved the Court of Appeal by an application filed on 28th February 2002 seeking an extension of time to file and serve a Notice of Appeal out of time in an intended appeal against the judgment of the High Court of Kenya at Nairobi (Khamoni J) dated 27th November 2001 in H.C.C.C No. 586 of 2001. Agriculture Syndicate Limited was the Respondent. When the application came before Owuor JA on 18th June 2002 the parties agreed on its disposal, and the Judge recorded the consent: the application was granted and the applicant was given leave to serve the Notice of Appeal on the respondent within seven days. The costs of that day were assessed at Ksh.5,000/= in favour of the respondent, payable within fourteen days, with execution to issue in default. Because the order was made by consent, the Court framed no issues for determination, made no findings of fact or law, and gave no reasons. It contains no holdings capable of binding lower courts; a consent order binds only the parties before the Court and creates no precedent. The High Court judgment was not disturbed in any way - the order merely opened the door to the filing of a Notice of Appeal, and whether an appeal is filed, and if so whether it succeeds, remains an open question. No authorities or statutory provisions are cited anywhere in the document. The empty fields for questions, holdings, binding propositions, cases and statutes in this brief reflect the nature of the document rather than any omission in the analysis.
Key legal issues
#Legal principles established
#Court orders
#- 1.By consent, the application filed on 28th February, 2002 was granted.
- 2.The applicant was granted leave to serve the Notice of Appeal on the respondent within 7 days from 18th June 2002.
- 3.Today's costs assessed at Ksh.5,000/= to the respondent, to be paid within 14 days, in default execution to issue.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
EO
majorityE. OwuorJA
Wrote the judgment
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C No. 586 of 2001
- Jurisdiction invoked
- Not stated in the document. A single Judge of Appeal sitting in chambers dealt with an application for extension of time to file and serve a Notice of Appeal out of time in an intended appeal from the High Court; no constitutional or statutory provision is cited.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
By consent, application filed herein on 28th February, 2002 be and is hereby granted.
The applicant is hereby granted leave to serve Notice of appeal on the respondent within 7 days from today's date.
Today's costs assessed at Ksh.5,000/= to the respondent. The same to be paid within 14 days from today's date. In default, execution to issue.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paramount Bank Limited v Agriculture Syndicate Limited [2002] KECA 46 (KLR)", Case Analysis (2002). Civil Application No. NAI. 42 of 2002 (25/2002 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/46/eng@2002-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.