[2002] KECA 230 (KLR)
The Court allowed the withdrawal of the application by the applicant and ordered that the respondent be awarded the costs of the application. The withdrawal was accepted without objection, and the standard principle that costs follow the event was applied.
Source-derived case information.
- Citation
- [2002] KECA 230 (KLR)
- Parties
- Applicant: Joackim Mwandale Okessa; Respondent: Judith Guserwa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 387 of 2001
- Procedural Posture
- Civil Application / Application for Execution Order Pending Appeal
- Outcome
- Application withdrawn with costs to the respondent.
- Legal Topics
- Execution Pending Appeal, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joackim Mwandale Okessa
Applicant
Judith Guserwa
Respondent
Procedural Posture
Civil Application / Application for Execution Order Pending Appeal
Legal Issues
- 1 Whether the application for execution order pending appeal should proceed or be withdrawn.
Ratio Decidendi
The Court allowed the withdrawal of the application by the applicant and ordered that the respondent be awarded the costs of the application. The withdrawal was accepted without objection, and the standard principle that costs follow the event was applied.
Court Disposition
Application withdrawn with costs to the respondent.
Orders
- The application is withdrawn.
- Costs of the application awarded to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GICHERU, OMOLO & LAKHA, JJ.A.
CIVIL APPLICATION NO. NAI 387 OF 2001 (205/01UR)
BETWEEN
JOACKIM MWANDALE OKESSA ............................. APPLICANT
AND
JUDITH GUSERWA .................................................. RESPONDENT
(An application of execution order pending appeal from
the ruling of the High Court of Kenya at Nairobi
(Rawal J) dated 12th July, 2001
in
H.C.C.S. NO. 5 OF 2001)
****************
ORDER OF THE COURT
This application is withdrawn with costs thereof to the respondent.
Made at Nairobi this 14th day of February, 2002.
J. E. GICHERU -------------------------- JUDGE OF APPEAL
R. S. C. OMOLO -------------------------- JUDGE OF APPEAL
A. A. LAKHA ------------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR