[2012] KEHC 1851 (KLR)
The court found that the application to strike out the appeal was meritorious, particularly as the appellant had already filed a notice to withdraw the appeal and did not oppose the application. Allowing the appeal to remain on record would cause confusion. The court therefore allowed the application, struck out the...
Source-derived case information.
- Citation
- [2012] KEHC 1851 (KLR)
- Parties
- Appellant: K-Rep Bank Ltd; Respondent: George A. Sino t/a Jone Brooks Cons. Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 140 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Application to Strike Out Appeal
- Outcome
- appeal struck out with costs to applicant; orders apply to related appeals
- Legal Topics
- Appeal Striking Out, Withdrawal of Appeal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K-Rep Bank Ltd
Appellant
George A. Sino t/a Jone Brooks Cons. Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Strike Out Appeal
Legal Issues
- 1 Whether the appeal should be struck out following the respondent's application and the appellant's withdrawal of the appeal.
- 2 Whether costs should be awarded to the applicant.
Ratio Decidendi
The court found that the application to strike out the appeal was meritorious, particularly as the appellant had already filed a notice to withdraw the appeal and did not oppose the application. Allowing the appeal to remain on record would cause confusion. The court therefore allowed the application, struck out the appeal, and awarded costs to the applicant. The orders were extended to related appeals to ensure consistency and avoid procedural confusion.
Court Disposition
appeal struck out with costs to applicant; orders apply to related appeals
Orders
- The application dated 6-7-2012 is allowed as prayed.
- The appeal is struck out with costs to the applicant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CIVIL APPEAL 140 OF 2011
K-REP BANK LTD........................................................................................APPELLANT
VERSUS
GEORGE A. SINO T/A JONE BROOKS CONS. LTD.............................RESPONDENT
R U L I N G
The application dated 6-7-2012 by the respondent/applicant seeks to have this appeal struck out with costs. When it came up for hearing on 1-10-2012 the same was not opposed. There was an affidavit of service dated 19-9-2012 and filed on 20-9-2012 sworn by one John Ocheing Ouma.
Apparently, the respondent on 26-7-2012 filed a notice to withdraw this appeal. Perhaps this explains the reasons for failing to turn up in court on 1-10-2012.
However, after perusing the application aforestated I am satisfied that the same is meritorious. The respondent can still ventilate its issues in the Appeal No. 390/2011. Leaving this appeal to stay, although it has been withdrawn shall cause confusion to the respondent.
In the premises the application dated 6-7-2012 is allowed as prayed. The applicant shall equally have the cost of this application and the entire struck out appeal. This orders shall apply to Appeals No. 141/2-11. 142/2011 and 143/2011.
Dated, signed and delivered at Kisumu this 15th day of October 2012
H.K. CHEMITEI JUDGE
In the presence of:
Omondi for Ragot for appellant
Miss Odhiambo for Mulindo respondent
HKC/va