[2015] KECA 34 (KLR)

[2015] KECA 34 (KLR)

The Court of Appeal, upon being informed that both parties had reached a consent, ordered the withdrawal of the appeal on specific terms. The respondent is required to fix the High Court civil case for hearing within five months, failing which the suit will be dismissed with costs to the appellant. Additionally, the...

Source-derived case information.

Citation
[2015] KECA 34 (KLR)
Parties
Appellant: IMA Agencies Limited; Respondent: Budhia Builders and Erectors
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 43 of 2005
Procedural Posture
Civil Appeal / Order on Withdrawal of Appeal by Consent
Outcome
Appeal withdrawn by consent with terms as to costs and further proceedings in the High Court suit.
Judges
DK Musinga, AK Murgor
Legal Topics
Withdrawal of Appeal, Costs Award, Consent Orders
Source Language
en
Civil Procedure Withdrawal of Appeal Costs Award Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

IMA Agencies Limited

Appellant

Budhia Builders and Erectors

Respondent

Procedural Posture

Civil Appeal / Order on Withdrawal of Appeal by Consent

Legal Issues

  1. 1 Whether the appeal should be withdrawn by consent of the parties.
  2. 2 What terms should govern the withdrawal of the appeal, particularly regarding costs and the status of the High Court suit.

Ratio Decidendi

The Court of Appeal, upon being informed that both parties had reached a consent, ordered the withdrawal of the appeal on specific terms. The respondent is required to fix the High Court civil case for hearing within five months, failing which the suit will be dismissed with costs to the appellant. Additionally, the respondent is to pay the appellant's costs of the appeal. The court's decision is grounded in the principle that parties are at liberty to compromise proceedings by consent, and such agreements, when recorded by the court, are binding and enforceable. The court's role is to give effect to the parties' agreement, provided it is lawful and clear, which was the case here. The...

Court Disposition

Appeal withdrawn by consent with terms as to costs and further proceedings in the High Court suit.

Orders

  • The appeal is withdrawn by consent of the parties.
  • The respondent shall within five months from the date of the order fix High Court civil case No. 23 of 1993, Kisumu for hearing, failing which the suit shall stand dismissed with costs to the appellant.