[1999] KECA 113 (KLR)
The Court of Appeal allowed the withdrawal of the appeal as there was no opposition from the respondents. The court exercised its discretion not to make any order as to costs, marking the appeal as withdrawn with no order as to costs. The decision was based on the absence of opposition and the established practice...
Source-derived case information.
- Citation
- [1999] KECA 113 (KLR)
- Parties
- Appellant: Raila Amolo Odinga; Appellant: Charles Maranga; Respondent: Perez Malande Olindo; Respondent: Rev. Joseck Tsuma; Respondent: Electoral Commission of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 284 of 1998
- Procedural Posture
- Civil Appeal / Withdrawal of Appeal
- Outcome
- Appeal withdrawn with no order as to costs.
- Legal Topics
- Withdrawal of Appeal, Costs Orders, Election Petition Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raila Amolo Odinga
Appellant
Charles Maranga
Appellant
Perez Malande Olindo
Respondent
Rev. Joseck Tsuma
Respondent
Electoral Commission of Kenya
Respondent
Procedural Posture
Civil Appeal / Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be allowed to be withdrawn without opposition.
- 2 Whether costs should be awarded upon withdrawal of the appeal.
Ratio Decidendi
The Court of Appeal allowed the withdrawal of the appeal as there was no opposition from the respondents. The court exercised its discretion not to make any order as to costs, marking the appeal as withdrawn with no order as to costs. The decision was based on the absence of opposition and the established practice that, in such circumstances, the court may permit withdrawal and determine the issue of costs accordingly.
Court Disposition
Appeal withdrawn with no order as to costs.
Orders
- The appeal is marked as withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 284 OF 1998 HON. RAILA AMOLO ODINGA CHARLES MARANGA ....................................APPELLANTS AND PEREZ MALANDE OLINDO REV. JOSECK TSUMA ELECTRICAL COMMISSION OF KENYA ................... RESPONDENTS
(An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi in an Election Petition Number 10 of 1998 (Moijo Ole Keiuwa, J) delivered on the 16th day of October, 1998
BetweenPEREZ MALANDE OLINDO ...............................PETITIONER And REV. JOSECK TSUMA ..............................1ST RESPONDENT ELECTORAL COMMISSION OF KENYA ..................2ND RESPONDENT RAILA AMOLO ODINGA .............................3RD RESPONDENT CHARLES MARANGA BAGWASI ...................... 4TH RESPONDENT)
ORDER OF THE COURT
There being no opposition to the application by counsel for the appellants to withdraw the appeal, the said appeal is now hereby marked as withdrawn with no order as to costs.
Made at Nairobi this 8th day of March, 1999.
J. E. GICHERU ............... JUDGE OF APPEAL
P. K. TUNOI ............... JUDGE OF APPEAL
A. A. LAKHA ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR