[1999] KECA 26 (KLR)
The Court of Appeal allowed the withdrawal of the application for stay of execution as there was no objection from the respondents. The court exercised its discretion to make no order as to costs, given the consensual nature of the withdrawal and the absence of opposition. The ruling was procedural, with no...
Source-derived case information.
- Citation
- [1999] KECA 26 (KLR)
- Parties
- Applicant: Francis Macharia; Applicant: Diannah Macharia; Respondent: Ruth Winnie Okoth Ogendo; Respondent: The Registrar of Titles; Respondent: The Director of Surveys
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 61 of 1999
- Procedural Posture
- Stay Application / Application for Stay of Execution Before the Court of Appeal
- Outcome
- Application withdrawn with no order as to costs.
- Legal Topics
- Stay of Execution, Withdrawal of Application, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Macharia
Applicant
Diannah Macharia
Applicant
Ruth Winnie Okoth Ogendo
Respondent
The Registrar of Titles
Respondent
The Director of Surveys
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Before the Court of Appeal
Legal Issues
- 1 Whether the application for stay of execution should be allowed or withdrawn.
- 2 Whether costs should be awarded upon withdrawal of the application.
Ratio Decidendi
The Court of Appeal allowed the withdrawal of the application for stay of execution as there was no objection from the respondents. The court exercised its discretion to make no order as to costs, given the consensual nature of the withdrawal and the absence of opposition. The ruling was procedural, with no substantive determination on the merits of the underlying dispute or the stay application itself.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, TUNOI & SHAH, JJ.A.) CIVIL APPLICATION NO. NAI. 61 OF 1999 BETWEEN
FRANCIS MACHARIA DIANNAH MACHARIA ...................................APPLICANTS AND RUTH WINNIE OKOTH OGENDO........................ 1ST RESPONDENT THE REGISRAR OF TITLES................................................ 2ND RESPONDENT THE DIRECTOR OF SURVEYS................................................ 3RD RESPONDENT
(Being an application for a stay of execution of the Judgment and Order of the High Court of Kenya at Nairobi (Ang’awa J) dated 26th January,1999
in
H.C.C.C. NO. 24442 OF 1998 (O.S)
*****************
RULING OF THE COURT
On the application of the applicants and there being no objection by counsel for the respondents, this application is hereby marked as withdrawn with no order as to costs.
Made at Nairobi this 24th day of March, 1999.
R. S. C. OMOLO
----------------------------
JUDGE OF APPEAL
P. K. TUNOI
----------------------------
JUDGE OF APPEAL
A. B. SHAH
----------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR