[2024] KEHC 6810 (KLR)
The court found that since the appeal had already been struck out for being filed out of time and there was no application before it seeking reinstatement, the consent dated 13th February 2024 could not revive the appeal. The application dated 17th April 2024 was withdrawn without objection and was accordingly...
Source-derived case information.
- Citation
- [2024] KEHC 6810 (KLR)
- Parties
- Appellant: Amref Health Africa; Respondent: Evans Onyango Obadha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 158 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- Application withdrawn; file remains closed; no orders as to costs.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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amref Health Africa
Appellant
Evans Onyango Obadha
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Application and Status of Appeal
Legal Issues
- 1 Whether the application dated 17th April 2024 should be withdrawn as requested by the applicant.
- 2 Whether the consent dated 13th February 2024 can revive an appeal that was already struck out.
- 3 Whether the file should remain closed in the absence of an application to reinstate the struck out appeal.
Ratio Decidendi
The court found that since the appeal had already been struck out for being filed out of time and there was no application before it seeking reinstatement, the consent dated 13th February 2024 could not revive the appeal. The application dated 17th April 2024 was withdrawn without objection and was accordingly marked as withdrawn with no orders as to costs. The file remains closed unless and until an application to reinstate the appeal is filed and allowed.
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Application withdrawn; file remains closed; no orders as to costs.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- The application dated 17th April 2024 is marked as wholly withdrawn with no orders as to costs.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.
Full Case Text
Judgment text and source record
21 paragraphs
Amref Health Africa v Obadha (Civil Appeal 158 of 2023) [2024] KEHC 6810 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6810 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 158 of 2023
RE Aburili, J
June 10, 2024
Between
Amref Health Africa
Appellant
and
Evans Onyango Obadha
Respondent
(Arising from the Judgment and decree of Hon. G. C. Serem RM in Kisumu SCC No. 95 of 2023 rendered on 26th July 2023)
Ruling
1. This appeal was struck out for being filed out of time. There is no application seeking to reinstate the appeal.
2. However, as the Applicant has sought to withdraw the application dated 17th April 2024 and there is no objection, the application dated 17th April 2024 is hereby marked as wholly withdrawn with no orders as to costs.
3. On the consent dated 13th February 2024, this court is unable to adopt it as it does not revive the appeal which was struck out on 12th February 2024.
4. Accordingly, this file remains closed until and unless it is reopened with an application to reinstate the appeal which was struck out on 12th February 2024.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF JUNE, 2024R. E. ABURILIJUDGE