Kamlesh Mansukhlal Damji Pattni v Central Bank of Kenya & 7 others [2002] KECA 103 (KLR)
The bottom line
#Kenya's Court of Appeal let Pattni add a required certificate to his appeal paperwork because no one objected — but he paid the other side's costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should be granted to amend the record of appeal to include a certificate under rule 85(5) of the Court of Appeal Rules
Key legal issues
#Whether leave to amend the record of appeal to include a rule 85(5) certificate should be granted
The motion was granted as prayed because all respondents' counsel did not oppose it, subject to costs.
The court noted that all counsel on record for the respondents did not oppose the motion, provided their respective costs were paid. On that consensual basis the court was inclined to grant the motion as prayed, directing the applicant to pay the respondents' costs and to file and serve a supplementary record the same day.
Legal principles established
#- Where respondents do not oppose a motion to amend the record of appeal under rule 85(5), the court will grant it subject to the applicant bearing the respondents' costs.
Court orders
#- 1.Leave granted to amend the record of appeal to include a certificate under rule 85(5) of the Court of Appeal Rules, as prayed
- 2.Applicant to file and serve a supplementary record by 4 p.m. on 31 July 2002
- 3.Applicant to bear the respondents' costs of the motion
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 589 of 1999
- Jurisdiction invoked
- Court of Appeal Rules, rule 85(5) (application to amend the record of appeal in Civil Appeal No. 15 of 2002)
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.
This is a motion for leave to amend the record of appeal to include a certificate under rule 85(5) of the Court of Appeal Rules.
As all counsel on record for the respondents do not oppose the motion subject to payment of their respective costs, we are inclined to grant the motion as prayed, but the applicant shall bear the respondents' costs of the motion.
The applicant to file and serve a supplementary record by 4 p.m. today.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamlesh Mansukhlal Damji Pattni v Central Bank of Kenya & 7 others [2002] KECA 103 (KLR)", Case Analysis (2002). Civil Application No. Nai. 194 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/103/eng@2002-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.