[2000] KECA 99 (KLR)
The Court of Appeal held that, notwithstanding the respondents' objection, the applicant was entitled to withdraw the application for stay of execution. The court exercised its discretion to allow the withdrawal, finding no sufficient reason to refuse it despite the respondents' concerns about allegations made...
Source-derived case information.
- Citation
- [2000] KECA 99 (KLR)
- Parties
- Applicant: Awo Shariff Mohamed; Respondent: Standard Chartered Bank of Kenya Ltd; Respondent: Abdilahi Warsame; Respondent: Nadhia Ltd; Respondent: Gatabaki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 189 of ??
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- Application withdrawn by leave of court; costs awarded to first, second, and third respondents.
- Judges
- RO Kwach
- Legal Topics
- Stay of Execution, Withdrawal of Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Awo Shariff Mohamed
Applicant
Standard Chartered Bank of Kenya Ltd
Respondent
Abdilahi Warsame
Respondent
Nadhia Ltd
Respondent
Gatabaki
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the applicant should be permitted to withdraw the application for stay of execution.
- 2 Whether the respondents are entitled to costs upon withdrawal of the application.
Ratio Decidendi
The Court of Appeal held that, notwithstanding the respondents' objection, the applicant was entitled to withdraw the application for stay of execution. The court exercised its discretion to allow the withdrawal, finding no sufficient reason to refuse it despite the respondents' concerns about allegations made against them. The court further ordered that costs be paid to the first, second, and third respondents, recognizing their entitlement to costs as a result of the withdrawal. The amount of costs was assessed and a time frame for payment specified.
Court Disposition
Application withdrawn by leave of court; costs awarded to first, second, and third respondents.
Orders
- The application is withdrawn.
- Costs assessed at Kshs.8000 to the first, second, and third respondents to be paid within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, BOSIRE & KEIWUA JJ.A) CIVIL APPLICATION NO. NAI 189 OF 2000 (UR.85/2000)
BETWEEN
AWO SHARIFF MOHAMED .................................APPLICANT AND 1. STANDARD CHARTERED BANK OF KENYA LTD) 2. ABDILAHI WARSAME ) 3. NADHIA LTD ) 4. GATABAKI )..........RESPONDENTS
(An application for stay of execution pending the intended appeal from the ruling and order of the High Court of Kenya at Milimani Commercial Courts Nairobi (Justice Onyango Otieno) on 2nd June 2000
in H.C.C.S. No.1963 of 1999) *****************
RULING
Mr Wamalwa for the applicant having reconsidered this application for injunction, now applies informally for the withdrawal of the application. Mr Ngatia opposes the application on the ground that serious allegations have been made against his clients which he urges should be considered by this court and a ruling given thereon. We have considered the application for withdrawal and are minded to grant it, Mr Ngatia's objection notwithstanding. Accordingly we order that this application be withdrawn. Costs assessed at Kshs.8000/= to Ist,2nd and 3rd respondents to be paid within 14 days from the date hereof.
Dated and delivered at Nairobi this 26th day of July, 2000.
R.O. KWACH
.................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................
JUDGE OF APPEAL
M. KEIWUA
..................
JUDGE OF APEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR