[2021] KECA 279 (KLR)
The court did not proceed to determine the merits of the application for extension of time or change of advocate, as the applicant, through her advocates, communicated her intention to withdraw the application in its entirety. The court acknowledged the request for withdrawal and directed that the application be...
Source-derived case information.
- Citation
- [2021] KECA 279 (KLR)
- Parties
- Applicant: Jane Njoki Kubai alias Jane Njoki Mayer; Respondent: James Kubai Mathu; Respondent: Housing Finance Co. Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Application 63 of 2020
- Procedural Posture
- Civil Application / Application for Extension of Time and Change of Advocate; Withdrawal Before Hearing
- Outcome
- Application withdrawn before hearing; no orders as to costs.
- Judges
- JW Lessit
- Legal Topics
- Extension of Time, Withdrawal of Application, Change of Advocate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Njoki Kubai alias Jane Njoki Mayer
Applicant
James Kubai Mathu
Respondent
Housing Finance Co. Limited
Respondent
Procedural Posture
Civil Application / Application for Extension of Time and Change of Advocate; Withdrawal Before Hearing
Legal Issues
- 1 Whether the applicant should be granted leave to extend time to file and serve the notice and record of appeal.
- 2 Whether the applicant should be granted leave for a change of advocate after judgment.
- 3 Whether the application should be withdrawn as requested by the applicant.
Ratio Decidendi
The court did not proceed to determine the merits of the application for extension of time or change of advocate, as the applicant, through her advocates, communicated her intention to withdraw the application in its entirety. The court acknowledged the request for withdrawal and directed that the application be returned to the registry for further action upon formal withdrawal by the applicant. No orders as to costs were made, and the matter was taken out of the day's cause list. The ruling thus turned on the applicant's right to withdraw her application before determination, subject to compliance with procedural requirements.
Court Disposition
Application withdrawn before hearing; no orders as to costs.
Orders
- The Notice of Motion application dated 24th August 2020 is returned to the registry for dates once the applicant formally applies to withdraw her application.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Kubai v Mathu & another (Civil Application 63 of 2020) [2021] KECA 279 (KLR) (3 December 2021) (Ruling)
Neutral citation number: [2021] KECA 279 (KLR)
Republic of Kenya
In the Court of Appeal at Mombasa
Civil Application 63 of 2020
JW Lessit, JA
December 3, 2021
Between
Jane Njoki Kubai alias Jane Njoki Mayer
Applicant
and
James Kubai Mathu
1st Respondent
Housing Finance Co. Limited
2nd Respondent
(An application for extension of time to file and serve Notice of Appeal and Record of Appeal against the Ruling and Order of the High Court of Kenya at Mombasa (Yano, J.) dated 14th March, 2018 in HCCC No. 25 of 2011)
Ruling
1. The notice of motion application dated 24th August 2020 was coming up for hearing on 19th October 2021. It was seeking leave for the firm of Christine Munasye & Associates Advocates to come on Record and act for the applicants in this application and intended appeal.
2. It also sought leave to extend time for filing the Appeal against the whole ruling and order of the High Court of Kenya at Mombasa dated 14th March, 2018 in HCC No. 25 of 2011. However, by a letter dated 30. 10. 2021 (sic) to this court’s Deputy Registrar, the applicant’s advocates informed the court that the applicant wishes to withdraw her application in its entirety with no orders as to costs. On that note, they requested that the matter be taken out of the day’s cause list.
3. Accordingly, the Notice of Motion application dated 24TH August 2020 is returned to the registry for dates once the applicant makes a formally writes or applies to withdraw her application.
DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF DECEMBER, 2021. J. LESIIT…………………...……..JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR