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Court of AppealOtherCivil Application E343 of 2021
Kampala International University v Housing Finance Company Limited (Civil Application E343 of 2021) [2021] KECA 113 (KLR)
Court of Appeal
22 October 2021
558 words in judgment
AI-assisted case brief
·~2 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal cancelled its own hearing and will restart the case before a fresh bench after discovering a potential conflict of interest involving one judge.
What this practically means
#Executive summary
#This is a short procedural order of the Court of Appeal at Nairobi (Nambuye, Asike-Makhandia and Mbogholi-Msagha, JJA) arising from an application for leave to appeal against a ruling of M. W. Muigai, J. dated 16th September 2021 in Milimani HC Misc. Cause No. 564 of 2019. The notice of motion dated 29th September 2021 was fully canvassed before the bench on 18th October 2021, with rival pleadings, written submissions and oral highlighting, and the matter was reserved for ruling on 17th December 2021. During the bench's routine conference it emerged that Justice A. Mbogholi-Msagha had at one time been represented in litigation by an advocate from the firm on record for the respondent. The court expressed regret for the late discovery, attributed it to circumstances beyond the judge's control, and the learned judge recused himself from further participation. Rather than deliver a ruling on the application, the court recalled and set aside the hearing of 18th October 2021 and the ruling date of 17th December 2021, restored the notice of motion 'ante', and directed the registrar to relist the matter afresh before a different bench excluding all members of the present bench, preferably for hearing and disposal before the end of October 2021. Costs of the day were granted in the cause. No substantive issue was determined and no authority was cited.
Key legal issues
#Legal principles established
#Court orders
#- 1.The hearing of the application conducted on 18th October, 2021 together with the ruling date of 17th December, 2021 be recalled and set aside
- 2.The notice of motion dated 29th September, 2021 is restored ante and directed to be relisted afresh before another bench excluding all members of this bench
- 3.The registrar of the court to cause the matter to be relisted for hearing and disposal preferably before end of October, 2021
- 4.Costs for the day in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya
- Milimani HC Misc. Cause No. 564 of 2019
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal over an application for leave to appeal against a High Court ruling (not expressly stated in the order)
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.
The notice of motion dated 29th September, 2021 is restored “ante” and directed to be relisted afresh before another bench excluding all the members of this bench.
The hearing of the application conducted today the 18th day of October, 2021 together with the attendant date reserved for delivery of the ruling on 17th December, 2021 be and are hereby recalled and set aside.
Issues in the judgment
#minor
The order is dated 22nd October 2021 but the body refers to the hearing having been conducted on 'today the 18th day of October, 2021', an internal inconsistency between the delivery date and the hearing date
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kampala International University v Housing Finance Company Limited (Civil Application E343 of 2021) [2021] KECA 113 (KLR)", Case Analysis (2021). Civil Application E343 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/113/eng@2021-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.