[2025] KEHC 10239 (KLR)

[2025] KEHC 10239 (KLR)

The court held that since the appellant withdrew the appeal, the general rule that costs follow the event applies. Therefore, the appellant is liable to pay the costs of the appeal to the respondent. The matter is referred to the Deputy Registrar for assessment or taxation of costs as appropriate.

Source-derived case information.

Citation
[2025] KEHC 10239 (KLR)
Parties
Appellant: Richard Ondieki Ayusa; Respondent: John Mwangi Macharia
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal E757 of 2024
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Outcome
Appeal withdrawn with costs to the respondent.
Judges
LP Kassan
Legal Topics
Withdrawal of Appeal, Costs Follow Event
Source Language
en
Civil Procedure Withdrawal of Appeal Costs Follow Event

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard Ondieki Ayusa

Appellant

John Mwangi Macharia

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to withdraw the appeal without adverse costs consequences.
  2. 2 Whether costs should follow the event upon withdrawal of the appeal.

Ratio Decidendi

The court held that since the appellant withdrew the appeal, the general rule that costs follow the event applies. Therefore, the appellant is liable to pay the costs of the appeal to the respondent. The matter is referred to the Deputy Registrar for assessment or taxation of costs as appropriate.

Court Disposition

Appeal withdrawn with costs to the respondent.

Orders

  • The appeal is withdrawn.
  • Costs awarded to the respondent.