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Court of AppealAllowedCivil Application No. NAI 117 of 2002

K. IDDI vs SEIF BIN SALIM TRUSTEES [2003] KECA 115 (KLR)

Court of Appeal
29 January 2003
ASA. B. Shah
219 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal fast-tracked a property owner's appeal application because waiting could mean losing his home permanently.

What this practically means

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Executive summary

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This is a brief chambers ruling by Shah, JA of the Court of Appeal at Mombasa in Civil Application No. NAI 117 of 2002, an application by Ibrahim K. Iddi for extension of time to have a notice of appeal deemed properly filed and lodged in an intended appeal against the ruling of the High Court of Kenya at Mombasa (Comm Tutui) dated 12th February 2002 in H.C.C.C. No. 564 of 2000, in which the respondents are Seif Bin Salim Trustees. The ruling addresses only certification of the application as urgent. The judge noted that when he had earlier declined to certify the application as urgent, no amended notice of motion was on the Court file, apparently due to a hitch in the Registry. Having seen the amended application, he found no impediment to certifying it as urgent because, if the intended appeal ultimately succeeded and the applicant's residential property was sold in the interim, the damage could well be irreparable. He certified the application as urgent and directed that costs would be in the application. The substantive extension-of-time application was not determined at this stage, and no binding legal propositions were laid down. The ruling is dated 29th January 2003 and was made at Mombasa.

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 should be certified as urgent

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.Certification of the application as urgent
    2. 2.Costs in the application

    The bench

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

    AS
    majority

    Wrote the judgment

    On appeal from
    High Court of Kenya at Mombasa
    H.C.C.C. No. 564 of 2000
    Jurisdiction invoked
    Inherent/appellate jurisdiction of the Court of Appeal over a single judge's decision in chambers (application for extension of time and certification as urgent); no specific provision cited.

    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.

    I see no impediment in certifying this application as urgent in view of the fact that in the event, eventually, of the intended appeal succeeding and the residential property of the applicant having been sold in the meanwhile the damage could well be irreparable.
    p. 2urgency certification - risk of irreparable damage

    Issues in the judgment

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    minor

    Document is a short single-judge chambers ruling on urgency, not a full appellate judgment; it does not determine the extension-of-time application itself, limiting extraction of holdings.

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Later judgments citing this (1)

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    Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

    Cite this brief

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    Cite this brief

    Caselaw, "K. IDDI vs SEIF BIN SALIM TRUSTEES [2003] KECA 115 (KLR)", Case Analysis (2003). Civil Application No. NAI 117 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2003/115/eng@2003-01-29

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