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Court of AppealOtherCivil Application No. Nai. 385 of 2001 (ur.203/2001)
Text Book Centre Limited v Kipyator Nicholas Kiprono Biwott [2002] KECA 55 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal postponed Text Book Centre's case against Nicholas Biwott because the company's lawyer fell ill, and made Biwott pay that day's costs.
What this practically means
#Executive summary
#This document is not a substantive appellate judgment but a brief procedural order of the Court of Appeal at Nairobi in Civil Application No. Nai. 385 of 2001 (ur.203/2001), an application by Text Book Centre Limited against Kipyator Nicholas Kiprono Biwott. The coram comprised Tunoi, Lakha and Keiwua, JJ.A. The court recorded that the applicant's counsel was suffering from a serious cold and, on that basis, stood the application over to a new date to be obtained in the Registry on a priority basis. It made a single costs order: the respondent was to pay that day's costs to the applicant. The order is dated and was delivered at Nairobi on 22nd April 2002 and is signed by all three Judges of Appeal, with a certification by the Deputy Registrar that it is a true copy of the original. Because the document contains no reasoning, no determination of any issue, no treatment of any decision below and no citation of authority, it establishes no binding legal proposition and cannot be analysed as a precedent. The application itself evidently remained pending and was to be listed afresh on a priority basis. Any brief of the eventual merits decision would require the full judgment, not this interlocutory adjournment order.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application is stood over to a new date to be obtained in the Registry on a priority basis.
- 2.The respondent shall pay to-day's costs to the applicant.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Not stated in the document; the document is a procedural order of the Court of Appeal in a pending civil application, not a judgment disposing of the application.
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.
As the applicant's counsel is suffering from a serious cold, the application is stood over to a new date to be obtained in the Registry on a priority basis.
Issues in the judgment
#material
The document is not a judgment on the merits but a short adjournment order; no issues, holdings, reasoning or disposition of the application appear, so most analytical fields cannot be populated from this text.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Text Book Centre Limited v Kipyator Nicholas Kiprono Biwott [2002] KECA 55 (KLR)", Case Analysis (2002). Civil Application No. Nai. 385 of 2001 (ur.203/2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/55/eng@2002-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.