[2015] KECA 21 (KLR)
The Court allowed the withdrawal of both the notice of appeal and the application to strike out, as both parties were in agreement and no objection was raised. The Court exercised its discretion to order that each party bear their own costs, recognizing the spirit of compromise and cooperation between the parties....
Source-derived case information.
- Citation
- [2015] KECA 21 (KLR)
- Parties
- Applicant: Benson Allan Musonga; Applicant: Roseline Mwikali Karanja; Respondent: Jotham Mukoro Mono
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 298 of 2013
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal; Withdrawal of Notice and Application
- Outcome
- Notice of appeal and application both marked as withdrawn; each party to bear their own costs.
- Judges
- DK Musinga
- Legal Topics
- Withdrawal of Appeal, Notice of Appeal, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Allan Musonga
Applicant
Roseline Mwikali Karanja
Applicant
Jotham Mukoro Mono
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal; Withdrawal of Notice and Application
Legal Issues
- 1 Whether the notice of appeal dated 26th September, 2013 should be struck out or withdrawn.
- 2 Whether the application dated 24th October, 2013 should be withdrawn and how costs should be borne.
Ratio Decidendi
The Court allowed the withdrawal of both the notice of appeal and the application to strike out, as both parties were in agreement and no objection was raised. The Court exercised its discretion to order that each party bear their own costs, recognizing the spirit of compromise and cooperation between the parties. The orders were made pursuant to rules 83 and 52 of the Court of Appeal Rules, which permit withdrawal of notices of appeal and applications, respectively. The Court thus marked both the notice of appeal and the application as withdrawn and made no order as to costs.
Court Disposition
Notice of appeal and application both marked as withdrawn; each party to bear their own costs.
Orders
- The notice of appeal dated 26th September, 2013 is marked as withdrawn under rule 83 of the Court of Appeal Rules.
- The application dated 24th October, 2013 is marked as withdrawn under rule 52 of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, MUSINGA, GATEMBU, JJ.A.)
CIVIL APPLICATION NO. NAI 298 OF 2013
BETWEEN
BENSON ALLAN MUSONGA……….……………………………1ST APPLICANT
ROSELINE MWIKALI KARANJA………….…………………… 2ND APPLICANT
AND
JOTHAM MUKORO MONO ………….…………………………..RESPONDENT
(An application to strike out a notice of appeal from the High Court Of
Kenya at Kitale (Obaga, J.) dated 29th July, 2013
in
HCCC NO. 121 OF 2012)
********** ******
ORDER OF THE COURT
Learned Counsel for the Respondent/Appellate Mr. Mokua wishes to withdraw the notice of appeal the subject of the application to strike out made by the Applicant/Respondent under rule 84 of the rules of the court.
Mr. Kiarie learned counsel for the Respondent/Applicant has no objection and has in the circumstances indicated that the application dated 24th October, 2013 may be withdrawn with costs to the Respondent/Applicant.
In the circumstances, the appellants notice of appeal dated 26th September, 2013 is marked as withdrawn under rule 83 of the rules of the Court.
The appellants application dated 24th October, 2013 is also marked as withdrawn under rule 52 of the rules of the Court.
In the spirit of comprise exhibited by both parties each party shall bear their own costs of the application.
DATED at Eldoret this 25th June, 2015
D.K.MARAGA
JUDGE OF APPEAL
D. K. MUSINGA
JUDGE OF APPEAL
S. GATEMBU KAIRU FCIArb
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR