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Court of AppealAllowedCivil Miscellaneous Application 206 of 2000

MOHAMED OSMAN M. YUSUF,EBRAHIM M. YUSUF,MOHAMED ESMAIL M. YUSUF & MOHAMED HUSSEIN M. YUSUF vs CONTACT LENSE OPTICIANS [2001] KECA 131 (KLR)

Court of Appeal of Kenya
18 January 2001
AAA.M. Akiwumi
131 words in judgment
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The bottom line

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Kenya's Court of Appeal granted two unopposed appeal-amendment applications but ordered the applicants to pay the respondent's costs.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Malindi delivered by Akiwumi, JA on 18th January 2001 in Civil Miscellaneous Application 206 of 2000. The applicants, Mohamed Osman M. Yusuf and three others, sought orders by two applications dated 26th July 2000 and 9th January 2001, apparently relating to amendment of their memorandum of appeal in an appeal against Contact Lense Opticians. The respondent did not object to either application. The court accordingly granted both applications and directed that the amended memorandum of appeal be filed within 7 days and annexed to the record of appeal. The respondent was awarded its costs in respect of both applications and any event. The certified copy of the ruling is partially corrupted: the costs order and the delivery line contain garbled text, and although the heading places the court at Malindi, the delivery line refers to Mombasa. No authorities or statutory provisions are cited, no substantive issues of law are determined, and the ruling does not disturb any decision below. Its value is procedural only: it records case-management directions and a costs order in a pending appeal, and it sets no binding precedent for lower courts beyond the routine grant of unopposed interlocutory applications.

Questions the Court framed

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

  1. 1.Whether the applicants' applications dated 26th July 2000 and 9th January 2001 should be granted, given that the respondent did not object to them

Key legal issues

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01

Whether unopposed interlocutory applications for leave to amend the memorandum of appeal and related directions should be granted

Holding

Both applications were granted unopposed, with the amended memorandum of appeal to be filed within 7 days and annexed to the record of appeal, and costs awarded to the respondent.

Reasoning

The ruling records that the respondent did not object to either application. In the absence of opposition, the judge granted both applications and gave directions on filing the amended memorandum of appeal within 7 days, annexing it to the record of appeal, and awarded the respondent its costs in respect of both applications and any event. This is a routine case-management direction rather than a substantive doctrinal holding.

p. 2

Legal principles established

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  • Where a respondent does not object to an applicant's interlocutory applications in a civil miscellaneous application, the court may grant them unopposed, with costs to the respondent.

Court orders

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  1. 1.Both applications dated 26th July 2000 and 9th January 2001 granted
  2. 2.The amended memorandum of appeal to be filed within 7 days and annexed to the record of appeal
  3. 3.The respondent to have its costs in respect of both applications and any event

The bench

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

AA
majority

Wrote the judgment

Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal in a civil miscellaneous application (no specific constitutional or statutory provision stated in the ruling)

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.

The respondent not objecting to the Applicants' applications of 26th July, 2000 and 9th January, 2001, they are both hereby granted.
p. 2Grant of unopposed applications
The amended memorandum of appeal shall be filed within 7 days and be annexed to the record of appeal.
p. 2Directions on filing amended memorandum of appeal
The Respondent will have its costs in respect of both appliDcaatteidon sa nidn daenlyi veerveendt .
p. 2Costs order (text corrupted in the certified copy)

Issues in the judgment

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minor

The certified copy contains corrupted/garbled text in the costs order and the delivery date line, obscuring part of the costs wording.

minor

The heading states the ruling was made at Malindi but the delivery line refers to Mombasa, an internal inconsistency in the copy.

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, "MOHAMED OSMAN M. YUSUF,EBRAHIM M. YUSUF,MOHAMED ESMAIL M. YUSUF & MOHAMED HUSSEIN M. YUSUF vs CONTACT LENSE OPTICIANS [2001] KECA 131 (KLR)", Case Analysis (2001). Civil Miscellaneous Application 206 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/131/eng@2001-01-18

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