[1998] KECA 43 (KLR)
The Court of Appeal struck out the appeal after the appellants' advocate conceded to the respondent's application to strike out the appeal. The court further ordered that the respondent be awarded the costs of both the application and the appeal. The decision was based on the concession by the appellants' advocate...
Source-derived case information.
- Citation
- [1998] KECA 43 (KLR)
- Parties
- Appellant: George Roine Titus; Appellant: Daniel Ndichu; Respondent: John P. Nangurai (as personal representative of Harry Lewis Nangurai, now deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 259 of 1997
- Procedural Posture
- Civil Appeal / Application to Strike Out Appeal
- Outcome
- Appeal struck out with costs to the respondent.
- Judges
- JE Gicheru, GS Pall, E Owuor
- Legal Topics
- Appeal Struck Out, Costs Award, Application to Strike Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Roine Titus
Appellant
Daniel Ndichu
Appellant
John P. Nangurai (as personal representative of Harry Lewis Nangurai, now deceased)
Respondent
Procedural Posture
Civil Appeal / Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal should be struck out upon concession by the appellants' advocate.
- 2 Whether costs should be awarded to the respondent upon striking out the appeal.
Ratio Decidendi
The Court of Appeal struck out the appeal after the appellants' advocate conceded to the respondent's application to strike out the appeal. The court further ordered that the respondent be awarded the costs of both the application and the appeal. The decision was based on the concession by the appellants' advocate and the established principle that costs follow the event, particularly where a party concedes to an application without contest.
Court Disposition
Appeal struck out with costs to the respondent.
Orders
- The appeal is struck out.
- The respondent is awarded the costs of the application and the appeal.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
Civil Appeal (Appli) 259 of 1997
GEORGE ROINE TITUS ....................................................................................... 1ST APPELLANT
DANIEL NDICHU .................................................................................................. 2ND APPELLANT
AND
JOHN P. NANGURAI(AS PERSONAL REPRESENTATIVE OFHARRY LEWIS NANGURAI,
NOW DECEASED) .................................................................................................... RESPONDENT
(Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Justice Bosire) dated 20th October, 1996
in
H.C.C.C No. 1038 of 1974)
***********************
ORDER OF THE COURT
Mr. Machira concedes the respondent's application to strike out the respondents' appeal. In the result, the said appeal is struck out with costs of the application and the appeal to the respondent.
Dated in Nairobi this 22nd day of October, 1998.
J. E. GICHERU
...............
JUDGE OF APPEAL
G. S. PALL
...............
JUDGE OF APPEAL
E. OWUOR
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR