[2020] KEHC 6991 (KLR)

[2020] KEHC 6991 (KLR)

The court allowed the withdrawal of the appeal on the application of the appellant, noting that there was no evidence the respondent had been served with the Memorandum of Appeal. Consequently, the court made no order as to costs and directed that the file be closed. The decision was grounded on the procedural...

Source-derived case information.

Citation
[2020] KEHC 6991 (KLR)
Parties
Appellant: Jackim Otieno Kombo; Respondent: Simon Olwendo
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Civil Appeal 9 of 2017
Procedural Posture
Civil Appeal / Withdrawal Ruling
Outcome
Appeal marked as withdrawn; no order as to costs; file closed.
Judges
RE Aburili
Legal Topics
Appeal Withdrawal, Service of Process
Source Language
en
Civil Procedure Appeal Withdrawal Service of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jackim Otieno Kombo

Appellant

Simon Olwendo

Respondent

Procedural Posture

Civil Appeal / Withdrawal Ruling

Legal Issues

  1. 1 Whether the appeal should be marked as withdrawn in the absence of evidence of service of the Memorandum of Appeal on the respondent.

Ratio Decidendi

The court allowed the withdrawal of the appeal on the application of the appellant, noting that there was no evidence the respondent had been served with the Memorandum of Appeal. Consequently, the court made no order as to costs and directed that the file be closed. The decision was grounded on the procedural requirement that service of process is necessary for the respondent to participate and for costs to be considered.

Court Disposition

Appeal marked as withdrawn; no order as to costs; file closed.

Orders

  • The appeal is marked as wholly withdrawn with no orders as to costs.
  • The file is accordingly closed.