[2024] KECA 374 (KLR)
The court found that since the applicants, through their advocates, had filed a notice of withdrawal of the application for extension of time, the application should be marked as withdrawn. There being no objection from the respondents and no determination on the merits, the appropriate order was to mark the...
Source-derived case information.
- Citation
- [2024] KECA 374 (KLR)
- Parties
- Applicant: Rebecca Bitengo Achuti & 27 others; Respondent: County Government of Nakuru; Respondent: Nakuru Public Service Board
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application E064 of 2023
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application marked as withdrawn.
- Judges
- WK Korir
- Legal Topics
- Extension of Time, Notice of Appeal, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Bitengo Achuti & 27 others
Applicant
County Government of Nakuru
Respondent
Nakuru Public Service Board
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicants should be granted an extension of time to file a notice and record of appeal out of time.
- 2 Whether the withdrawal of the application should be allowed and the appropriate order as to costs.
Ratio Decidendi
The court found that since the applicants, through their advocates, had filed a notice of withdrawal of the application for extension of time, the application should be marked as withdrawn. There being no objection from the respondents and no determination on the merits, the appropriate order was to mark the application as withdrawn and direct that each party bears their own costs. The court exercised its discretion in accordance with the rules governing withdrawal of applications and costs.
Court Disposition
Application marked as withdrawn.
Orders
- The Notice of Motion dated 23rd May 2023 is hereby marked as withdrawn.
- Each party to bear their own costs of the application.
Full Case Text
Judgment text and source record
19 paragraphs
Achuti & 27 others v County Government of Nakuru & another (Civil Application E064 of 2023) [2024] KECA 374 (KLR) (12 April 2024) (Order)
Neutral citation: [2024] KECA 374 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Application E064 of 2023
WK Korir, JA
April 12, 2024
Between
Rebecca Bitengo Achuti & 27 others
Applicant
and
County Government of Nakuru
1st Respondent
Nakuru Public Service Board
2nd Respondent
(Being an application for extension of time to file a notice and record of appeal out of time to the decision of the Employment & Labour Relations Court at Nakuru (H. Wasilwa, J.) dated 31st January, 2023 in Nakuru E&LRC No. E039 of 2022 Employment and Labour Relations Cause E039 of 2022 )
Order
Order 1. Upon perusal of the Notice of Motion dated 23rd May 2023 and upon perusal of the undated notice of withdrawal signed by Munene Chege & Company Advocates for the applicants, the Notice of Motion is compromised as follows:i.That the Notice of Motion dated 23rd May 2023 is hereby marked as withdrawn.ii.Each party to bear their own costs of the application.
DATED AND DELIVERED AT NAKURU ON THIS 12TH DAY APRIL, 2024W. KORIR..................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR