[1998] KECA 123 (KLR)
The court found that the counsel for the deceased respondent was aware of the hearing date for the notice of motion and did not appear or object. In these circumstances, the court saw no reason to refuse the applicant's request to withdraw the application for extension of time. The application was therefore marked...
Source-derived case information.
- Citation
- [1998] KECA 123 (KLR)
- Parties
- Applicant: Cardinal Wilson Owino, Arch. Bishop Alfred Oria, Bishop Vitalis Ondiek; Respondent: Pope Timothy Ahitler
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 245 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- application withdrawn
- 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
Cardinal Wilson Owino, Arch. Bishop Alfred Oria, Bishop Vitalis Ondiek
Applicant
Pope Timothy Ahitler
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the application for extension of time to file the record of appeal out of time should be allowed or withdrawn.
Ratio Decidendi
The court found that the counsel for the deceased respondent was aware of the hearing date for the notice of motion and did not appear or object. In these circumstances, the court saw no reason to refuse the applicant's request to withdraw the application for extension of time. The application was therefore marked as withdrawn, and no order as to costs was made.
Court Disposition
application withdrawn
Orders
- The application is marked as withdrawn.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CORAM: TUNOI J.A (IN CHAMBERS)
CIVIL APPLICATION NO. 245 OF 1998
BETWEEN
CARDINAL WILSON OWINO
ARCH. BISHOP ALFRED ORIA
BISHOP
VITALISONDIEK..........................................APPLICANT
AND
POPE TIMOTHYAHITLER ..................................RESPONDENT
(Application for extension of time within which to file Record of appeal out of time from the decision of (Hon. Justice I.C.C. Wambilianga) dated 24th May, 1997, in H.C.C.C. NO. 115 OF 1995 ******************
The counsel for the deceased respondent is absent. I am satisfied he is aware of the hearing date for the notice of motion dated 16th October, 1997. The application for withdrawal cannot be refused in the cvircumstances. The application is hereby marked as withdrawn. There will be no order as to costs.
Made at Kisumu this 24th day of November, 1998.
P. K. TUNOI
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.