[2007] KECA 427 (KLR)
The Court of Appeal allowed the application as prayed since it was not resisted by the appellant. Consequently, the notice of appeal dated 15th June, 2006 and Civil Appeal No. 126 of 2006 were struck out with costs to the applicant/respondent. The court exercised its discretion to grant the orders sought in the...
Source-derived case information.
- Citation
- [2007] KECA 427 (KLR)
- Parties
- Appellant: Caltex Oil Limited; Respondent: Rono Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 126 of 2006
- Procedural Posture
- Civil Appeal / Order on Unopposed Application to Strike Out Appeal
- Outcome
- Appeal and notice of appeal struck out with costs to the applicant/respondent.
- Legal Topics
- Striking Out of Appeal, Unopposed Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caltex Oil Limited
Appellant
Rono Limited
Respondent
Procedural Posture
Civil Appeal / Order on Unopposed Application to Strike Out Appeal
Legal Issues
- 1 Whether the unopposed application to strike out the notice of appeal and the civil appeal should be allowed.
- 2 Whether costs should be awarded to the applicant/respondent.
Ratio Decidendi
The Court of Appeal allowed the application as prayed since it was not resisted by the appellant. Consequently, the notice of appeal dated 15th June, 2006 and Civil Appeal No. 126 of 2006 were struck out with costs to the applicant/respondent. The court exercised its discretion to grant the orders sought in the absence of opposition, in line with established civil procedure practice.
Court Disposition
Appeal and notice of appeal struck out with costs to the applicant/respondent.
Orders
- The Notice of Appeal dated 15th June, 2006 is struck out.
- Civil Appeal No. 126 of 2006 is struck out.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
Civil Appeal 126 of 2006
CALTEX OIL LIMITED……………………..…....….………….APPELLANT
AND
RONO LIMITED……………………………………………….RESPONDENT
(Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Waweru, J) dated 24th February, 2005 delivered on 25th February, 2005
in
H.C.C.C. NO. 1388 OF 1992)
******************
ORDER OF THE COURT
As the application is not resisted, it is allowed as prayed in the Notice of Motion filed in the Court on 21st July, 2006. Thus, the Notice of Appeal dated 15th June, 2006 and Civil Appeal NO. 126 of 2006 are hereby ordered struck out with costs to the applicant/respondent.
MADE at NAIROBI this 6th day of February, 2007.
P.K. TUNOI
…………………….
JUDGE OF APPEAL
E.M. GITHINJI
………………………….
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
……………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR