[2000] KECA 325 (KLR)
The Court determined that, although it has discretion to grant leave to withdraw an application, the appropriate course in this case was to dismiss the application since it was already part-heard and the circumstances had changed, rendering the application moot. The Court exercised its discretion accordingly and...
Source-derived case information.
- Citation
- [2000] KECA 325 (KLR)
- Parties
- Applicant: James Mwangi Ng'ang'a; Respondent: Kenyatta University Council; Respondent: Dr. Onesmus K. Ole Moiyo (Chairman, Kenyatta University Council); Respondent: Vice Chancellor, Kenyatta University; Respondent: Prof. George S. Eshiwani; Respondent: Lawrence M. Mungai
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 317 of ??
- Procedural Posture
- Civil Application / Application for Leave to Withdraw
- Outcome
- application dismissed
- Judges
- AB Shah
- Legal Topics
- Withdrawal of Application, Court Discretion, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwangi Ng'ang'a
Applicant
Kenyatta University Council
Respondent
Dr. Onesmus K. Ole Moiyo (Chairman, Kenyatta University Council)
Respondent
Vice Chancellor, Kenyatta University
Respondent
Prof. George S. Eshiwani
Respondent
Lawrence M. Mungai
Respondent
Procedural Posture
Civil Application / Application for Leave to Withdraw
Legal Issues
- 1 Whether the applicant should be granted leave to withdraw the application.
- 2 Whether the application should be dismissed or withdrawn given it is part-heard.
- 3 Whether costs should be awarded.
Ratio Decidendi
The Court determined that, although it has discretion to grant leave to withdraw an application, the appropriate course in this case was to dismiss the application since it was already part-heard and the circumstances had changed, rendering the application moot. The Court exercised its discretion accordingly and made no order as to costs.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, SHAH & BOSIRE, JJ.A.
CIVIL APPLICATION NO. NAI. 317 OF 2000 (UR.156/2000)
BETWEEN
JAMES MWANGI NG'ANG'A ...................................APPLICANT AND
KENYATTA UNIVERSITY COUNCIL ........................ 1ST RESPONDENTDR. ONESMUS K. OLE MOIYOICHAIRMAN, KENYATTA UNIVERSITY COUNCIL .............. 2ND RESPONDENT
VICE CHANCELLOR
KENYATTA UNIVERSITY ................................ 3RD RESPONDENT
PROF. GEORGE S. ESHIWANI ........................... 4TH RESPONDENTLAWRENCE M. MUNGAI ................................. 5TH RESPONDENTRULING OF THE COURT
Mr Kowade, for the applicant, has applied for leave to withdraw this application on the ground that it has been overtaken by events. The applicant's appointment has been terminated and his place taken by someone else. While the Court has a discretion whether or not to grant leave to the applicant to withdraw his application, in the particular circumstances of this case the proper course to take is to dismiss the application since it is part-heard. It is so ordered.
We make no order as to costs.
Dated and delivered at Nairobi this 15th day of February, 2000. R. O. KWACH ------------------- JUDGE OF APPEAL A. B. SHAH ------------------- JUDGE OF APPEAL S.E.O. BOSIRE ------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR