[2003] KECA 110 (KLR)

[2003] KECA 110 (KLR)

The Court of Appeal determined that, pursuant to a consent letter signed by counsel for both parties, the application for interlocutory injunction was settled and withdrawn. The court marked the application as withdrawn with no orders as to costs, reflecting the parties' agreement. The court's decision was based on...

Source-derived case information.

Citation
[2003] KECA 110 (KLR)
Parties
Applicant: Elijah Musembei & Another; Respondent: Jared Onyari
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 208 of 2000
Procedural Posture
Miscellaneous Application / Application for Interlocutory Injunction; Withdrawal by Consent
Outcome
Application marked as settled and withdrawn by consent; no order as to costs.
Judges
EO O'Kubasu, D Ole Keiwua
Legal Topics
Interlocutory Injunction, Withdrawal of Application
Source Language
en
Civil Procedure Interlocutory Injunction Withdrawal of Application

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Elijah Musembei & Another

Applicant

Jared Onyari

Respondent

Procedural Posture

Miscellaneous Application / Application for Interlocutory Injunction; Withdrawal by Consent

Legal Issues

  1. 1 Whether the application for interlocutory injunction should proceed in light of the consent letter.
  2. 2 Whether costs should be awarded upon withdrawal by consent.

Ratio Decidendi

The Court of Appeal determined that, pursuant to a consent letter signed by counsel for both parties, the application for interlocutory injunction was settled and withdrawn. The court marked the application as withdrawn with no orders as to costs, reflecting the parties' agreement. The court's decision was based on the principle that parties are at liberty to settle and withdraw proceedings by consent, and the court will give effect to such settlement, including on the issue of costs, unless there is reason to depart from the parties' agreement.

Court Disposition

Application marked as settled and withdrawn by consent; no order as to costs.

Orders

  • The application is marked as settled and withdrawn.
  • There shall be no order as to costs.