Airtel Networks Limited has filed an application seeking
extension of time to comply with court orders including depositing of
Sh500,000 awarded to a businessman whose mobile phone line was given to
another subscriber.
According to Airtel, it was unable
to comply with the order regarding deposit of the funds within the
stipulated time due to an oversight in making available funds to its
advocates.
“The funds required to be placed on deposit
have now been availed (sic) to the appellants (Airtel) advocates and the
appellant is able to comply with the order,” part of the application
states.
On November 4 last year, Justice Patrick Otieno
allowed Airtel’s application which sought, among other orders,
suspension of the execution of a judgment delivered by a magistrate
pending hearing and determination of appeal.
JOINT ACCOUNT
The magistrate had directed the mobile phone service provider to
reinstate a mobile phone line to Prakash Radia and also pay him
Sh500,000 in damages.
Justice Otieno ordered Airtel to
deposit the money in a joint account in the names of the parties’
advocates within 30 days as a condition for extending the time to file a
memorandum of appeal and for granting it a suspension of the execution
of the magistrate’s judgment.
He also ordered that
Airtel file the record of appeal within 60 days and be allowed to have
copies of trial court’s handwritten proceedings for facilitating typing.
Justice
Otieno said that in default of the compliance with the orders regarding
the deposit and filing of the record of appeal, the appeal shall be
dismissed.
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