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.
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.