[2025] KEHC 5848 (KLR)

[2025] KEHC 5848 (KLR)

The court determined that since the appeal was withdrawn before directions for hearing were given, and the only action taken was attendance for mention, the Respondents are entitled to minimal costs for court attendance. These costs are to be assessed by the Deputy Registrar. The court exercised its discretion under...

Source-derived case information.

Citation
[2025] KEHC 5848 (KLR)
Parties
Appellant: Joseph Lerina Ole Kiptek; Respondent: David Amritzer Romo; Respondent: Samuel Strandberg; Respondent: Garrielle Strand; Respondent: Alicia Amritzer
Court
High Court
Court Station
High Court at Kilgoris
Jurisdiction
Kenya
Judgment Date
8 May 2025
Case Number
Civil Appeal E008 of 2024
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal and Costs
Outcome
Appeal withdrawn. Respondents awarded minimal costs for court attendance to be assessed by the Deputy Registrar.
Judges
CM Kariuki
Legal Topics
Withdrawal of Appeal, Costs Award, Court Directions, Appeal Procedure
Source Language
english
Civil Procedure Withdrawal of Appeal Costs Award Court Directions Appeal Procedure

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Summary, issues, holding and outcome

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Parties

Joseph Lerina Ole Kiptek

Appellant

David Amritzer Romo

Respondent

Samuel Strandberg

Respondent

Garrielle Strand

Respondent

Alicia Amritzer

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Appeal and Costs

Legal Issues

  1. 1 Whether the Respondents are entitled to costs upon withdrawal of the appeal by the Appellant.

Ratio Decidendi

The court determined that since the appeal was withdrawn before directions for hearing were given, and the only action taken was attendance for mention, the Respondents are entitled to minimal costs for court attendance. These costs are to be assessed by the Deputy Registrar. The court exercised its discretion under Section 27 of the Civil Procedure Act to limit the costs to reflect the minimal proceedings that had occurred.

Court Disposition

Appeal withdrawn. Respondents awarded minimal costs for court attendance to be assessed by the Deputy Registrar.

Orders

  • The appeal is marked as withdrawn.
  • Respondents are awarded minimal costs for court attendance, to be assessed by the Deputy Registrar.