[2006] KECA 1 (KLR)
The Court considered the appellant's informal application to withdraw the appeal and found no opposition from the respondents. The Court exercised its discretion under rule 93(5) of the Court of Appeal Rules to allow the withdrawal. The respondents' request for costs was granted in accordance with the general...
Source-derived case information.
- Citation
- [2006] KECA 1 (KLR)
- Parties
- Appellant: Aden Sugow Ahmed; Respondent: Elias Barre Shill; Respondent: Jama Hassan Ginni; Respondent: Electoral Commission of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 141 of 2003
- Procedural Posture
- Civil Appeal / Withdrawal of Appeal Before Hearing
- Outcome
- Appeal withdrawn with costs to the respondents.
- Judges
- J Wakiaga
- Legal Topics
- Withdrawal of Appeal, Costs Award, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aden Sugow Ahmed
Appellant
Elias Barre Shill
Respondent
Jama Hassan Ginni
Respondent
Electoral Commission of Kenya
Respondent
Procedural Posture
Civil Appeal / Withdrawal of Appeal Before Hearing
Legal Issues
- 1 Whether the appellant should be granted leave to withdraw the appeal.
- 2 Whether costs should be awarded to the respondents upon withdrawal of the appeal.
Ratio Decidendi
The Court considered the appellant's informal application to withdraw the appeal and found no opposition from the respondents. The Court exercised its discretion under rule 93(5) of the Court of Appeal Rules to allow the withdrawal. The respondents' request for costs was granted in accordance with the general principle that costs follow the event, and the Court ordered that costs be awarded to the respondents, to be agreed or taxed if not agreed.
Court Disposition
Appeal withdrawn with costs to the respondents.
Orders
- The appeal is withdrawn under rule 93(5) of the Court of Appeal Rules.
- Costs of the appeal are awarded to the respondents, to be agreed or taxed if not agreed.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, WAKI & DEVERELL JJ.A)
CIVIL APPEAL NO.141 OF 2003
BETWEEN
ADEN SUGOW AHMED.......................................................................APPELLANT
AND
ELIAS BARRE SHILL....................................................................1STRESPONDENT
JAMA HASSAN GINNI...................................................................2NDRESPONDENT
ELECTORAL COMMISSION OF KENYA.....................................3RD RESPONDENT
(Appeal from ruling and order of (Mary Ang\'awa J.) delivered on 27th May 2003 at Nairobi
H.C.ELECTION PETITION No. 2 of 2003)
**************************************
ORDER OF THE COURT
The appellant having reconsidered his position with regard to this appeal, has informally applied for leave to withdraw the present appeal. Counsel for the respondents do not oppose withdrawal of the appeal but pray that we grant them the costs of the appeal. We have considered the informal application and grant the same. Accordingly we order that this appeal be and is hereby withdrawn under rule 93(5)of the Court of Appeal Rules.The costs of the appeal are awarded to the Respondents to be agreed failing agreement to be taxed.
Made at Nairobi this 27th day of April, 2006.
S.E.O BOSIRE
..........................
JUDGE OF APPEAL
P.N. WAKI
...............................
JUDGE OF APPEAL
W.S. DEVERELL
...................................
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR