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Court of AppealOtherCivil Application No. Nai. 92 of 2002 (UR.49/2002)· [2002] KECA 44 (KLR)
Vinod Patel & 2 others v Investec Bank Limited & 2 others [2002] KECA 44 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal adjourned an application to extend time for filing an appeal, deciding nothing on its merits and leaving each side to bear its own costs.
What this practically means
#Executive summary
#This document is a brief chambers order of the Court of Appeal at Nairobi, made by Tunoi, JA, sitting in chambers on 21 May 2002, in Civil Application No. Nai. 92 of 2002 (UR.49/2002). The applicants, Vinod Patel, Ajay Shah and Nitin Chandaria, had sought an extension of time to file a notice of appeal and a record of appeal out of time in an intended appeal from a ruling and order of the High Court at Milimani Commercial Courts, Nairobi (Hewet, Commissioner of Assize) dated 10 September 1999 in Milimani Comm. Court C.C. No. 2411 of 1998. The respondents were Investec Bank Limited, Trust Bank Limited and Michael Muhindi. The order does not determine the extension-of-time application on its merits. Instead, the single judge directed that the matter be taken out of that day's cause list and stood over to a new date to be taken in the Registry, and made no order as to costs. Because the application was adjourned rather than allowed or dismissed, no binding proposition of law emerges from this document, no issues for determination were framed, no authorities were cited, and the decision below was not reviewed or disturbed. The only operative content is the procedural adjournment and the costs position, in which each party bears its own costs by virtue of no order being made. Any substantive ruling on the extension of time would have followed at the adjourned date and is not contained in this document.
Key legal issues
#Legal principles established
#Court orders
#- 1.The matter was taken out of that day's cause list and stood over to a new date to be taken in the Registry
- 2.No order as to costs
- On appeal from
- High Court at Milimani Commercial Courts, Nairobi
- Milimani Comm. Court C.C. No. 2411 of 1998
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal under the Court of Appeal Rules in an application for extension of time to file a notice of appeal and record of appeal out of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Vinod Patel & 2 others v Investec Bank Limited & 2 others [2002] KECA 44 (KLR)", Case Analysis (2002). Civil Application No. Nai. 92 of 2002 (UR.49/2002). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/44/eng@2002-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.