[2001] KECA 144 (KLR)
The Court allowed the applicant to withdraw the reference for extension of time to file the notice and record of appeal, as there was no objection from the respondent. The Court exercised its discretion regarding costs and determined that no order as to costs would be made. The decision was based on the informal...
Source-derived case information.
- Citation
- [2001] KECA 144 (KLR)
- Parties
- Applicant: Caltex Oil (Kenya) Limited; Respondent: Rono Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 106 of 2000
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Reference withdrawn by consent; no order as to costs.
- Legal Topics
- Extension of Time, Appeals Process, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caltex Oil (Kenya) Limited
Applicant
Rono Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to withdraw the reference for extension of time.
- 2 Whether any order as to costs should be made upon withdrawal of the application.
Ratio Decidendi
The Court allowed the applicant to withdraw the reference for extension of time to file the notice and record of appeal, as there was no objection from the respondent. The Court exercised its discretion regarding costs and determined that no order as to costs would be made. The decision was based on the informal application for withdrawal and the absence of opposition, as well as established principles that costs are at the court's discretion in such circumstances.
Court Disposition
Reference withdrawn by consent; no order as to costs.
Orders
- The reference stands withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, LAKHA & O'KUBASU, JJ.A. CIVIL APPLICATION NO. NAI. 106 OF 2000 (UR.51/2000) BETWEEN
CALTEX OIL (KENYA) LIMITED ........................... APPLICANT
AND
RONO LIMITED ................................................ RESPONDENT
(Application for extension of time within which to file the Notice of Appeal and the Record of Appeal in the intended appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Mr. Justice Ole Keiwua) dated 15th February, 1999
in
H.C.C.C. NO. 1388 OF 1992) ****************
RULING OF THE COURT
Upon Mr. Muthoga's informal application to withdraw this reference and Mr Esmail for the respondent not objecting the reference stands withdrawn.
As to costs there are always at the discretion of the Court. The order that commends itself to us that we make as we hereby do no order as to costs.
Dated and delivered at Nairobi this 29th day of November, 2001.
P. K. TUNOI ....................... JUDGE OF APPEAL
A. A. LAKHA
......................
JUDGE OF APPEAL
E. O'KUBASU ..................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR