[2020] KETLABT 76 (KLR)
The core reasoning is that the dispute between Lakebelt Sacco Society Ltd and the NTSA was resolved amicably when the NTSA lifted the suspension that was the subject of the appeal. The appellant, being satisfied with the action taken by the respondent, withdrew the appeal. The Board, therefore, entered a consent...
Source-derived case information.
- Citation
- [2020] KETLABT 76 (KLR)
- Parties
- Appellant: Lakebelt Sacco Society Ltd; Respondent: National Transport & Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 05 of 2020
- Procedural Posture
- Appeal / Consent Judgment
- Outcome
- Appeal withdrawn by consent; suspension lifted; each party to bear its own costs.
- Legal Topics
- Licensing Suspension, Regulatory Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lakebelt Sacco Society Ltd
Appellant
National Transport & Safety Authority
Respondent
Procedural Posture
Appeal / Consent Judgment
Legal Issues
- 1 Whether the suspension imposed on Lakebelt Sacco Society Ltd by NTSA should be lifted.
- 2 Whether the withdrawal of the appeal is justified following the lifting of the suspension.
Ratio Decidendi
The core reasoning is that the dispute between Lakebelt Sacco Society Ltd and the NTSA was resolved amicably when the NTSA lifted the suspension that was the subject of the appeal. The appellant, being satisfied with the action taken by the respondent, withdrew the appeal. The Board, therefore, entered a consent judgment in accordance with the parties' agreement, and ordered that each party bear its own costs. The matter was thus concluded without the need for further adjudication on the merits.
Court Disposition
Appeal withdrawn by consent; suspension lifted; each party to bear its own costs.
Orders
- The suspension imposed on Lakebelt Sacco Society Ltd by NTSA is lifted as per NTSA's letter dated August 17, 2020.
- The appeal is withdrawn by the appellant.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE TRANSPORT LICENSING APPEALS BOARD AT KISUMU
APPEAL CASE NO. 05 OF 2020
LAKEBELT SACCO SOCIETY LTD........................................APPELLANT
VERSUS
NATIONAL TRANSPORT & SAFETY AUTHORITY......RESPONDENT
CONSENT JUDGMENT
1. THAT the Respondent (NTSA) has lifted the Suspension imposed on Lakebelt Sacco Society Ltd as per their letter dated August 17, 2020 (Ref: NTSA/DR&L/C/ADM/VOL 118).
2. THAT Lakebelt Sacco Society Ltdis satisfied with the letter lifting the suspension and, therefore, withdraws the case filed at the Transport Licensing Appeals Board.
3. THAT each party shall bare its own costs.
SIGNATURES
1. Signature of or on behalf of the Appellant………………………………………
Date: 11th September, 2020.
2. Signature of or on behalf of the Respondent …………………………………..
Date: 11th September, 2020.
Signed and dated at Kisumu Law Courts by the Transport Licensing Appeals
Board on this 11th day of September 2020
Dick Waweru Chairman ………………………
Prof. Kiarie Mwaura Member ………………………
Moses Parantai Member ……………………...
Aden Noor Ali Member ……………………….
Betty Chepng’etichBii Member ……………………….