[2018] KECA 644 (KLR)

[2018] KECA 644 (KLR)

The Court held that the appellant was entitled to withdraw his appeal, and that the applicant, having been served with the notice and record of appeal, became a respondent and was entitled to file a cross-appeal. The applicant was not required to file a separate record of appeal since the main record had already been filed by the appellant. Upon withdrawal of the main appeal, the applicant was allowed to proceed with his cross-appeal, subject to depositing security for costs as required by the rules. The Court found that the applicant's notice of appeal was to be deemed a notice of address for service, and that he had capacity to object to the withdrawal and to continue with the...

Citation
[2018] KECA 644 (KLR)
Parties
Appellant: Abdirahman Adan Abdikadir; Applicant: Adow Mohammed Abikar; Respondent: Independent Electoral and Boundaries Commission; Respondent: County Returning Officer; Respondent: Abdullahi Ibrahim Ali
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Judgment Date
11 May 2018
Case Number
Election Appeal 6 of 2018
Procedural Posture
Election Petition Appeal / Ruling on Withdrawal of Appeal and Application to Proceed With Cross Appeal
Outcome
Appellant granted leave to withdraw appeal with no order as to costs; applicant allowed to proceed with cross-appeal upon depositing security for costs; directions issued for further conduct of the cross-appeal.
Judges
DK Musinga, AK Murgor
Legal Topics
Withdrawal of Appeal, Cross Appeal Procedure, Security for Costs, Party Status, Service of Process
Source Language
English
Election Petitions Civil Procedure Withdrawal of Appeal Cross Appeal Procedure Security for Costs Party Status Service of Process

Case Brief

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Parties

Abdirahman Adan Abdikadir

Appellant

Adow Mohammed Abikar

Applicant

Independent Electoral and Boundaries Commission

Respondent

County Returning Officer

Respondent

Abdullahi Ibrahim Ali

Respondent

Procedural Posture

Election Petition Appeal / Ruling on Withdrawal of Appeal and Application to Proceed With Cross Appeal

Legal Issues

  1. 1 Whether the appellant should be granted leave to withdraw the appeal with no order as to costs.
  2. 2 Whether the applicant, having filed a notice of cross-appeal, can be allowed to proceed with the cross-appeal after withdrawal of the main appeal.
  3. 3 Whether the applicant was required to file a record of appeal and deposit security for costs.

Ratio Decidendi

The Court held that the appellant was entitled to withdraw his appeal, and that the applicant, having been served with the notice and record of appeal, became a respondent and was entitled to file a cross-appeal. The applicant was not required to file a separate record of appeal since the main record had already been filed by the appellant. Upon withdrawal of the main appeal, the applicant was allowed to proceed with his cross-appeal, subject to depositing security for costs as required by the rules. The Court found that the applicant's notice of appeal was to be deemed a notice of address for service, and that he had capacity to object to the withdrawal and to continue with the...

Court Disposition

Appellant granted leave to withdraw appeal with no order as to costs; applicant allowed to proceed with cross-appeal upon depositing security for costs; directions issued for further conduct of the cross-appeal.

Orders

  • Leave granted to appellant to withdraw the appeal with no order as to costs.
  • Applicant, Adow Mohammed Abikar, shall be the appellant in terms of the notice of cross-appeal dated 8th March, 2018.