[1996] KECA 22 (KLR)

[1996] KECA 22 (KLR)

The Court granted leave to the appellant to withdraw the appeal, exercising its discretion under the Civil Procedure Rules. The Court further ordered that the respondent be awarded the costs of the appeal, as is customary when an appeal is withdrawn at the instance of the appellant. No substantive issues of law or...

Source-derived case information.

Citation
[1996] KECA 22 (KLR)
Parties
Appellant: Jacob Ochieng Muganda; Respondent: Brian Shepard
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 55 of 1995
Procedural Posture
Civil Appeal / Withdrawal of Appeal Before Hearing
Outcome
Appeal withdrawn with leave; costs awarded to the respondent.
Judges
RO Kwach, GS Pall
Legal Topics
Withdrawal of Appeal, Costs Award
Source Language
en
Civil Procedure Withdrawal of Appeal Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jacob Ochieng Muganda

Appellant

Brian Shepard

Respondent

Procedural Posture

Civil Appeal / Withdrawal of Appeal Before Hearing

Legal Issues

  1. 1 Whether the appellant should be granted leave to withdraw the appeal.
  2. 2 Who should bear the costs upon withdrawal of the appeal.

Ratio Decidendi

The Court granted leave to the appellant to withdraw the appeal, exercising its discretion under the Civil Procedure Rules. The Court further ordered that the respondent be awarded the costs of the appeal, as is customary when an appeal is withdrawn at the instance of the appellant. No substantive issues of law or fact were determined as the withdrawal occurred before the hearing of the appeal.

Court Disposition

Appeal withdrawn with leave; costs awarded to the respondent.

Orders

  • Leave granted to the appellant to withdraw the appeal.
  • Costs of the appeal awarded to the respondent.