Velji v Takim and Company
Velji v Takim and Company (Civil Appeal No. 40 of 1952) [1955] EACA 53 (1 January 1955)
The Court of Appeal held that the requirement under section 5(a) of the East African (Appeal to Privy Council) Order in Council, 1951, to furnish security within a period not exceeding 90 days is directory and not mandatory. The court found that, following the reasoning in Indian authorities and considering the structure of the Order in Council, the time limit could be extended for cogent reasons. In this case, the appellant had made arrangements to comply within time, but was prevented by the illness of the surety, and promptly deposited the required sum in cash within four days. The court e…
Source excerpt
- Appeals To Privy Council
- Security For Costs
- Extension Of Time
- Discretion Of Court