[2025] KEHC 5308 (KLR)

[2025] KEHC 5308 (KLR)

The court allowed the withdrawal of the appeal upon the parties' agreement and ordered the appellant to pay agreed costs of Kshs. 40,000 to the respondent within 30 days. The court exercised its discretion under the Civil Procedure Rules and Act to give effect to the parties' consent and to ensure finality of proceedings. The file was ordered closed, reflecting the parties' settlement and the absence of any outstanding issues for determination.

Citation
[2025] KEHC 5308 (KLR)
Parties
Appellant: Benard Muchene Gitau; Respondent: Ngonyo Galgalo
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
20 March 2025
Case Number
Civil Appeal E006 of 2024
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Outcome
Appeal withdrawn by consent with agreed costs to respondent; file closed.
Judges
AN Ongeri
Legal Topics
Withdrawal of Appeal, Costs Award
Source Language
English
Civil Procedure Withdrawal of Appeal Costs Award

Case Brief

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Parties

Benard Muchene Gitau

Appellant

Ngonyo Galgalo

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should be marked as withdrawn as requested by the parties.
  2. 2 Whether costs should be awarded and in what amount.

Ratio Decidendi

The court allowed the withdrawal of the appeal upon the parties' agreement and ordered the appellant to pay agreed costs of Kshs. 40,000 to the respondent within 30 days. The court exercised its discretion under the Civil Procedure Rules and Act to give effect to the parties' consent and to ensure finality of proceedings. The file was ordered closed, reflecting the parties' settlement and the absence of any outstanding issues for determination.

Court Disposition

Appeal withdrawn by consent with agreed costs to respondent; file closed.

Orders

  • The appeal is marked as withdrawn.
  • Costs agreed at Kshs. 40,000 to be paid by the appellant to the respondent within 30 days.