[2020] KEHC 1515 (KLR)

[2020] KEHC 1515 (KLR)

The court accepted the appellant's application to withdraw and abandon the appeal, finding no reason to deny the request. The court exercised its discretion to make no orders as to costs, thereby ensuring that neither party is burdened with costs arising from the withdrawal. The file was ordered closed, and the...

Source-derived case information.

Citation
[2020] KEHC 1515 (KLR)
Parties
Appellant: Jenipher Anyango Oloo; Respondent: Buzeki Enterprises Ltd; Respondent: African Merchant Assurance Co. Ltd
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Civil Appeal 14 of 2019
Procedural Posture
Civil Appeal / Withdrawal of Appeal
Outcome
Appeal marked as abandoned and wholly withdrawn with no orders as to costs. File closed.
Judges
RE Aburili
Legal Topics
Withdrawal of Appeal, Costs Orders, Case Closure
Source Language
en
Civil Procedure Withdrawal of Appeal Costs Orders Case Closure

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Summary, issues, holding and outcome

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Parties

Jenipher Anyango Oloo

Appellant

Buzeki Enterprises Ltd

Respondent

African Merchant Assurance Co. Ltd

Respondent

Procedural Posture

Civil Appeal / Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should be marked as withdrawn and abandoned as per the appellant's application.
  2. 2 Whether any orders as to costs should be made upon withdrawal of the appeal.

Ratio Decidendi

The court accepted the appellant's application to withdraw and abandon the appeal, finding no reason to deny the request. The court exercised its discretion to make no orders as to costs, thereby ensuring that neither party is burdened with costs arising from the withdrawal. The file was ordered closed, and the trial court record was directed to be returned to the lower court for further action in any pending matters. The decision was based on the appellant's express intention to discontinue the appeal and the absence of any objection or competing interest from the respondents.

Court Disposition

Appeal marked as abandoned and wholly withdrawn with no orders as to costs. File closed.

Orders

  • The appeal is marked as abandoned and wholly withdrawn.
  • There shall be no orders as to costs.