Shami Deshpal Wadhwa v Habib Abu Mohamed & 4 others [2020] KECA 774 (KLR)
- Court
- Court of Appeal
- Case number
- 774
- Citation
- [2020] KECA 774 (KLR)
The application to stay the proceedings in the trial court is dismissed. The two appeals are consolidated.
Facts
The applicant sought leave to file additional documents in a previous case, which was denied. The applicant then filed a motion to reopen her case and recall a witness, which was also denied. The applicant then filed a motion to consolidate two appeals, which was also denied.
Issues
- Whether the applicant's motion was heard before the learned judge dispensed with it.
- Whether the appeal would be rendered nugatory if successful.
- Whether the two appeals should be consolidated.
Reasoning
The court found that the applicant's motion was not heard before the judge dispensed with it, but the defence's case had already commenced. The court also found that the appeal would be rendered nugatory if the defence's case were to commence before the appeal was heard. The court decided to consolidate the appeals in the interest of expediting their hearing and determination.
Outcome
The application to stay the proceedings in the trial court is dismissed. The two appeals are consolidated.
Orders
- The Notice of Motion dated 10th May 2019 is dismissed.
- Civil Appeals Nos. Malindi Civil Appeal No. 33 of 2019, Shami Deshpal Wadhwa vs Habib A. Mohamed and 4 others and Malindi Civil Appeal No. 148 of 2019, Shami Deshpal Wadhwa vs Habib A. Mohamed and 4 others be and are hereby consolidated with Malindi Civil Appeal No. 33 of 2019 being the lead file.
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