[2024] KEHC 6912 (KLR)

[2024] KEHC 6912 (KLR)

The court held that since the appeal had already been struck out for being filed out of time and there was no application to reinstate it, the consent dated 13th February 2024 could not revive the appeal. The application dated 17th April 2024 was marked as withdrawn with no orders as to costs, and the file remains...

Source-derived case information.

Citation
[2024] KEHC 6912 (KLR)
Parties
Appellant: Amref Health Africa; Respondent: Bishop Owira Andaya
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal 159 of 2023
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Application and Status of Appeal
Outcome
Application withdrawn; file remains closed; no orders as to costs.
Judges
RE Aburili
Legal Topics
Appeal Struck Out, Withdrawal of Application, Reinstatement of Appeal
Source Language
en
Civil Procedure Appeal Struck Out Withdrawal of Application Reinstatement of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amref Health Africa

Appellant

Bishop Owira Andaya

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Application and Status of Appeal

Legal Issues

  1. 1 Whether the application dated 17th April 2024 should be withdrawn as requested by the applicant.
  2. 2 Whether the consent dated 13th February 2024 can revive an appeal that was already struck out.
  3. 3 Whether the file should remain closed in the absence of an application to reinstate the appeal.

Ratio Decidendi

The court held that since the appeal had already been struck out for being filed out of time and there was no application to reinstate it, the consent dated 13th February 2024 could not revive the appeal. The application dated 17th April 2024 was marked as withdrawn with no orders as to costs, and the file remains closed unless an application to reinstate the appeal is filed. The court emphasized the necessity of a formal application for reinstatement in such circumstances.

Court Disposition

Application withdrawn; file remains closed; no orders as to costs.

Orders

  • The application dated 17th April 2024 is marked as wholly withdrawn with no orders as to costs.
  • The consent dated 13th February 2024 is not adopted as it does not revive the struck out appeal.