[2020] KECA 261 (KLR)
The Court held that under Rule 52 of the Court of Appeal Rules, an applicant is permitted to withdraw an application at any time with leave of the Court. Since the applicant formally requested withdrawal and the respondents did not object, the Court exercised its discretion to allow the withdrawal. The application...
Source-derived case information.
- Citation
- [2020] KECA 261 (KLR)
- Parties
- Applicant: ColLogne Investments Limited; Respondent: Bank of Africa Kenya Limited; Respondent: Nakumatt Holdings Limited (Under Administration); Respondent: Igare Auctioneers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E243 of 2020
- Procedural Posture
- Injunction Application / Withdrawal of Application Prior to Hearing of Intended Appeal
- Outcome
- Application marked as withdrawn with costs to the respondents.
- Judges
- MSA Makhandia, F Sichale
- Legal Topics
- Injunctions, Withdrawal of Application, Appellate Practice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ColLogne Investments Limited
Applicant
Bank of Africa Kenya Limited
Respondent
Nakumatt Holdings Limited (Under Administration)
Respondent
Igare Auctioneers
Respondent
Procedural Posture
Injunction Application / Withdrawal of Application Prior to Hearing of Intended Appeal
Legal Issues
- 1 Whether the applicant is entitled to withdraw the application for injunction pending appeal.
- 2 Whether the withdrawal should be allowed with costs to the respondents.
Ratio Decidendi
The Court held that under Rule 52 of the Court of Appeal Rules, an applicant is permitted to withdraw an application at any time with leave of the Court. Since the applicant formally requested withdrawal and the respondents did not object, the Court exercised its discretion to allow the withdrawal. The application was marked as withdrawn with costs awarded to the respondents.
Court Disposition
Application marked as withdrawn with costs to the respondents.
Orders
- The application is marked as withdrawn.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
33 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OUKO, (P), ASIKE - MAKHANDIA & SICHALE, JJ.A)
CIVIL APPLICATION NO. E243 OF 2020
BETWEEN
COLLOGNE INVESTMENTS LIMITED.........................................APPLICANT
AND
BANK OF AFRICA KENYA LIMITED.....................................1STRESPONDENT
NAKUMATT HOLDINGS LIMITED
(UNDER ADMINISTRATION)..................................................2NDRESPONDENT
IGARE AUCTIONEERS............................................................3RDRESPONDENT
(An Application for injunction pending the hearing anddetermination of an intended appeal from the Decision/Judgment of the Commercial and Tax Division of the High Court of Kenya at Nairobi (Kasango Mary, J.) delivered on 18thJune, 2020
in
HCCC No. E385 of 2019)
*********
ORDER OF THE COURT
This application for injunction brought pursuant to Rule 5(2)(b) of the Court’s Rules was canvassed before us on 24th August, 2020 and the ruling reserved for 23rd October, 2020. In the meantime, on 12th October, 2020 the applicant, through its counsel, Wasuna & Co. Advocates wrote to the Registrar of this Court requesting that they be allowed to withdraw the application. That letter was copied to Oraro & Company Advocates and Aduda & Company Advocates, counsel representing the respondents.
By the provisions of Rule 52, an applicant is at liberty at any time to apply for leave of the Court to withdraw his or her application.
In those circumstances, and the respondents not having written to object to the request, we allow the informal application and order that the application be and is hereby marked as withdrawn with costs to the respondents.
Dated and delivered at Nairobi this 23rdday of October, 2020.
W. OUKO, (P)
………………………
JUDGE OF APPEAL
ASIKE – MAKHANDIA
……………………..
JUDGE OF APPEAL
F. SICHALE
…………………….
JUDGE OF APPEAL
I certify that this is a true
copy of the original.
Signed
DEPUTY REGISTRAR