[2024] KEHC 8199 (KLR)
The court found that the appellant had an absolute right to withdraw the appeal before judgment, as provided under Order 25 Rules 1 & 2 (1) of the Civil Procedure Rules, 2010, and affirmed by the Supreme Court in Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others. Since the parties had settled the matter and there...
Source-derived case information.
- Citation
- [2024] KEHC 8199 (KLR)
- Parties
- Applicant: Countryside Dairy Limited; Respondent: Stephen Njenga Mbugua
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E006 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn by consent of the parties; no order as to costs.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Withdrawal of Appeal, Settlement Agreement, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Countryside Dairy Limited
Applicant
Stephen Njenga Mbugua
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appellant has an absolute right to withdraw the appeal before judgment is delivered.
- 2 Whether any orders as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant had an absolute right to withdraw the appeal before judgment, as provided under Order 25 Rules 1 & 2 (1) of the Civil Procedure Rules, 2010, and affirmed by the Supreme Court in Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others. Since the parties had settled the matter and there was no opposition to the withdrawal, the court granted the request to withdraw the appeal and made no order as to costs.
Court Disposition
Appeal withdrawn by consent of the parties; no order as to costs.
Orders
- The appeal is hereby withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Countryside Dairy Limited v Mbugua (Civil Appeal E006 of 2024) [2024] KEHC 8199 (KLR) (26 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8199 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E006 of 2024
JK Ng'arng'ar, J
June 26, 2024
Between
Countryside Dairy Limited
Applicant
and
Stephen Njenga Mbugua
Respondent
Ruling
1. The appellant filed the Notice of Withdrawal of Appeal dated 7/6/2024 accompanied with a letter of even date. It was disclosed that the parties had entered into an agreement and settled the claim on 7/6/2024 thus the filing of the notice to withdraw. The Supreme Court in Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others SC APP. NO. 16 OF 2014. held that; “a party’s right to withdraw a matter before the court cannot be taken way. A court cannot bar a party from withdrawing his matter. All that the court can do is to make an order as to costs where it is deemed appropriate.” The same is pegged under Order 25 Rules 1 & 2 (1) of Civil Procedure Rules, 2010 which provides for the absolute right which a plaintiff can exercise at his will any time before judgment is delivered. See Allah Baksh v Niamat Ali 1892 All WN 53 (1).
2. Considering the foregoing, I see no reason not to grant the request. Consequently, the instant appeal is hereby withdrawn with no orders as to costs.
It is so ordered.
DATED and DELIVERED VIRTUALLY at NAIROBI this 26th day of June, 2024. ………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Mwarande for the AppellantNgaruinge for the RespondentCourt Assistant- Peter Ong’idiPage 1 of 1 J.K. NG’ARNG’AR, J.