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Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the ruling

Gateway Insurance Company Limited v Credit Kenya Limited [2002] KECA 256 (KLR)

Court of Appeal of Kenya
15 August 2002
115 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal refused an urgency application because the applicant gave no evidence showing why the matter was urgent or why the appeal mattered.

What this practically means

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Executive summary

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This document is a short interlocutory ruling of the Court of Appeal delivered at Nairobi on 15 August 2002 by A.A. Lakha, JA, sitting alone at an inter-partes hearing of an application for urgency. The ruling does not name the parties, give a case number, or identify the court below; it records only that the judgment intended to be appealed against was delivered on 13 October 2000. The sole question was whether the application qualified to be heard as urgent. The judge found that nothing had been placed before him to show why or how the application was urgent. He further observed that he had not been shown that the intended appeal was arguable, or that it would be rendered nugatory if the application were not heard urgently. In addition, on the grounds set out in the supporting affidavit, he was satisfied that there was no urgency. He accordingly refused the application with costs. No statutes or case authorities are cited, no constitutional or statutory basis for the application is identified, and there is no separate or dissenting opinion; the ruling is the work of the single judge. Because the ruling addressed only urgency and did not engage the merits of the intended appeal, it made no order touching the judgment of 13 October 2000, which therefore stands undisturbed by this court. The practical effect is that the applicant failed to secure a priority hearing, and the intended appeal, if pursued, proceeds without the urgency certification sought.

Questions the Court framed

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

  1. 1.Whether the application was urgent and should be heard on a priority basis
  2. 2.Whether the intended appeal was arguable and would be rendered nugatory if the application was not heard urgently

Key legal issues

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01

Whether the application for urgency met the requirements for a priority hearing in the Court of Appeal

Holding

The application failed. The applicant showed nothing to demonstrate why or how the application was urgent, and did not show that the intended appeal was arguable or that it would be rendered nugatory if the application was not heard urgently. The grounds set out in the supporting affidavit additionally satisfied the judge that there was no urgency, and the application was refused with costs.

Reasoning

The judge heard the application inter partes and found no material demonstrating urgency. The judgment sought to be appealed had been delivered on 13 October 2000, yet nothing before him showed why or how the application was urgent. He considered whether the intended appeal was arguable and whether it would be rendered nugatory if the application were not heard urgently; neither was demonstrated. Independently, the grounds set out in the supporting affidavit satisfied him that there was no urgency. He therefore refused the application with costs.

p. 2

Legal principles established

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  • A party applying for urgency must place material before the court demonstrating why the application is urgent; a failure to do so is fatal to the application.
  • An applicant for urgency must also demonstrate that the intended appeal is arguable and that it will be rendered nugatory if the application is not heard urgently.

Court orders

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  1. 1.Application refused with costs.

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Not stated in the ruling

Relief refused

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Certification of the application as urgent and its hearing on a priority basis

The applicant placed nothing before the court to show why or how the application was urgent, and did not demonstrate that the intended appeal was arguable or that it would be rendered nugatory if the application was not heard urgently; the grounds set out in the supporting affidavit additionally satisfied the judge that there was no urgency.

p. 2

Costs

Application refused with costs.

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.

Application refused with costs.
p. 2Final orders - refusal of the urgency application
I have heard nothing to show why or how this application is urgent.
p. 2Burden of demonstrating urgency
I have not been shown that the appeal is arguable or that it will be rendered nugatory if this application is not heard urgently.
p. 2Arguability and nugatory-ness in urgency applications

Issues in the judgment

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minor

The ruling does not state the case title, case number, neutral citation, or the names of the parties; these fields could not be populated from the document.

minor

The court and case number of the judgment intended to be appealed against are not identified; only its delivery date is given.

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, "Gateway Insurance Company Limited v Credit Kenya Limited [2002] KECA 256 (KLR)", Case Analysis (2002). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/256/eng@2002-08-15

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