[2015] KECA 25 (KLR)
The Court of Appeal determined that since the parties had settled the underlying dispute and recorded consents in both the High Court and the Court of Appeal, there was no longer any live issue for determination in the application for stay of execution. The court therefore allowed the withdrawal of the application...
Source-derived case information.
- Citation
- [2015] KECA 25 (KLR)
- Parties
- Applicant: David Kipkoech Kogo; Respondent: Esther Bedford Pim
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 100 of 2014
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application withdrawn by consent with no order as to costs.
- Legal Topics
- Stay of Execution, Consent Orders, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kipkoech Kogo
Applicant
Esther Bedford Pim
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution should proceed in light of the parties' settlement.
- 2 Whether the application should be withdrawn by consent with no order as to costs.
Ratio Decidendi
The Court of Appeal determined that since the parties had settled the underlying dispute and recorded consents in both the High Court and the Court of Appeal, there was no longer any live issue for determination in the application for stay of execution. The court therefore allowed the withdrawal of the application under Rule 52 of the Court of Appeal Rules, with no order as to costs, in accordance with the parties' agreement.
Court Disposition
Application withdrawn by consent with no order as to costs.
Orders
- The application is marked as withdrawn under Rule 52 of the Court of Appeal Rules.
- There is no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, GATEMBU & MURGOR, JJ.A)
CIVIL APPLICATION NO. 100 OF 2014
BETWEEN
DAVID KIPKOECH KOGO............................... APPLICANT
AND
ESTHER BEDFORD PIM ............................ RESPONDENT
(An Application for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules Cap 21, Rules 20(2) and 47(4) of the Court of Appeal Rules from the Ruling of the High Court of Kenya at Kitale, (Obaga,J) dated 3rd April, 2014
in
H.C. E & L NO. 25 OF 2014)
*********************
ORDER OF THE COURT
Counsel have informed us that the parties have settled the dispute giving rise to this application and have recorded consents in Kitale E & L No. 25 of 2014 and Civil Appeal No. 104 of 2014 in this Court. They have therefore agreed to have this application withdrawn with no order as to costs.
Accordingly hereby we mark this application as withdrawn under Rule 52 of the Court of Appeal with no order as to costs.
DATED 27th May, 2015.
D.K.MARAGA
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
JUDGE OF APPEAL
A.K.MURGOR
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR