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Court of AppealOtherCivil Application No. NAI 391 of 2001· [2002] KECA 54 (KLR)
Mohamed Omari Shuguli Mohamed Rashid Bakuli v Anne Ngiana Rama
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal postponed — without deciding — two men's request to appeal a 1997 ruling after missing the deadline.
What this practically means
#Executive summary
#This record from the Court of Appeal at Nairobi is not a reasoned judgment but a single-paragraph order made in chambers by Keiwua, JA, on 17 September 2002 in Civil Application No. NAI 391 of 2001. The application, brought by Mohamed Omari Shuguli and Mohamed Rashid Bakuli as appellants, sought extension of time to file the Notice and Record of Appeal out of time in an intended appeal against an order of the High Court of Kenya at Nairobi (Mbito J) dated 10 November 1997 in H.C.C.C. No. 378 of 1999; Anne Ngiana Rama is the respondent. The court made no substantive determination. Citing the indisposition of Mr K'Owade, it stood the matter/application over generally with no order as to costs. No issue was framed or decided, no statute or precedent was cited, and no binding proposition of law emerges from the record. The questions the application presented - whether the applicants should be granted leave to appeal out of time, and the merits of the intended appeal itself - remain unresolved on this document. The High Court order of 10 November 1997 was neither affirmed, varied nor set aside; the court simply did not reach it. The record contains one internal anomaly: the order under appeal is dated 1997, yet the suit is numbered as a 1999 cause. Because the disposition is a stand-over rather than a ruling, this brief records no holdings, no refused relief and no citation treatment; the only operative text is the stand-over order itself, made without any order as to costs.
Key legal issues
#Legal principles established
#Court orders
#- 1.The matter/application stood over generally in view of the indisposition of Mr K'Owade.
- 2.No order as to costs.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 378 of 1999
- Jurisdiction invoked
- Not stated in the order; the document records an application for extension of time to file Notice and Record of Appeal out of time in an intended appeal to the Court of Appeal.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Omari Shuguli Mohamed Rashid Bakuli v Anne Ngiana Rama", Case Analysis (2002). Civil Application No. NAI 391 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/54/eng@2002-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.