[2022] KETLABT 783 (KLR)
The Tribunal found that the respondent had complied with the appellant's request and that the appellant had also met the compliance requirements set by the respondent. As a result, the substantive issues in the appeal had been resolved by the parties' actions, rendering the appeal moot. The Tribunal therefore...
Source-derived case information.
- Citation
- [2022] KETLABT 783 (KLR)
- Parties
- Appellant: Gikuni Irungu; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 030 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal
- Outcome
- Appeal withdrawn by consent after compliance; each party to bear its own costs.
- Judges
- Dick Waweru, Joseph Mcdonald, Lillian Waithera, James Ngomeli, Maryan Hajir
- Legal Topics
- Licensing Compliance, Administrative Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gikuni Irungu
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal
Legal Issues
- 1 Whether the respondent complied with the appellant's request as required by law.
- 2 Whether the appellant met the compliance requirements set by the respondent.
- 3 Whether the appeal should be withdrawn and costs awarded.
Ratio Decidendi
The Tribunal found that the respondent had complied with the appellant's request and that the appellant had also met the compliance requirements set by the respondent. As a result, the substantive issues in the appeal had been resolved by the parties' actions, rendering the appeal moot. The Tribunal therefore allowed the withdrawal of the appeal and ordered that each party bear its own costs, as the resolution was achieved through mutual compliance rather than a contested determination on the merits.
Court Disposition
Appeal withdrawn by consent after compliance; each party to bear its own costs.
Orders
- The case filed at the Transport Licensing Appeals Board is withdrawn.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
19 paragraphs
Irungu v National Transport and Safety Authority (Appeal 030 of 2022) [2022] KETLABT 783 (KLR) (Civ) (27 September 2022) (Ruling)
Neutral citation: [2022] KETLABT 783 (KLR)
Republic of Kenya
In the Transport Licensing Appeals Board Tribunal
Civil
Appeal 030 of 2022
Dick Waweru, Chair, Joseph Mcdonald, Lillian Waithera, James Ngomeli & Maryan Hajir, Members
September 27, 2022
Between
Gikuni Irungu
Appellant
and
National Transport and Safety Authority
Respondent
Ruling
1. That the respondent (NTSA) has complied with the request of the appellant and, therefore, the case filed at the Transport Licensing Appeals Board has been withdrawn.
2. That the appellant has also taken action to meet the compliance requirements required by the respondent.
3. That each party shall bare its own costs.
SIGNATURES1. Signature of or on behalf of the appellant………………………………………Date: September 27, 2022. 2. Signature of or on behalf of the respondent ……………………………………Date: September 27, 2022. SIGNED AND DATED AT MURANGA LAW COURTS BY THE TRANSPORT LICENSING APPEALSBOARD ON THIS 27TH DAY OF SEPTEMBER 2022. Dick Waweru ChairmanJoseph McDonald Member .Lillian Waithera Member .James Ngomeli MemberMaryan Hajir Member