IN RE PERMANENT SECRETARY MINISTRY OF AGRICULTURE,LIVESTOCK DEVELOPMENT AND MARKETING EX-PARTE AND SIMON QUIGGREY OGILA [1999] KECA 21 (KLR)
The bottom line
#Kenya's Court of Appeal allowed a lawyer to fix a paperwork mistake mid-hearing, showing courts will prioritise justice over technical slip-ups.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted an adjournment to rectify the omission of the Notices of Appeal from the record of the motion
- 2.Whether the applicant should be granted leave to file a further replying affidavit incorporating the Notices of Appeal
Key legal issues
#Adjournment to rectify an omission in the record
The court granted the adjournment despite the respondent's objection that the application was an afterthought, holding that the interest of justice favoured allowing the omission to be rectified.
Counsel for the applicant had filed Notices of Appeal in respect of the ruling and judgment but omitted to incorporate them in the record of the motion. She sought an adjournment to rectify the omission. The respondent opposed, arguing the move was an afterthought meant to delay disposal. The court balanced the competing considerations and concluded that the interest of justice required granting the adjournment and leave to file a further replying affidavit.
Legal principles established
#- In the interest of justice, an appellate court may grant an adjournment to enable a party to rectify an omission in the record before it
Court orders
#- 1.Application for adjournment granted
- 2.Applicant granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C. Misc. Civil Application No. 98 of 1999
- Jurisdiction invoked
- Intended appeal to the Court of Appeal (application in an intended appeal from a High Court ruling)
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.
We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant.
The applicant is also granted leave to file a further replying affidavit incorporating the Notices of Appeal so filed. We make no order as to costs.
Issues in the judgment
#The respondent's name is spelled 'SIMON QUIGGREY OGILA' in the cause title; this rendering is used as printed
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "IN RE PERMANENT SECRETARY MINISTRY OF AGRICULTURE,LIVESTOCK DEVELOPMENT AND MARKETING EX-PARTE AND SIMON QUIGGREY OGILA [1999] KECA 21 (KLR)", Case Analysis (1999). Civil Application No. NAI. 87 of 1999 (32/99 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/21/eng@1999-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.