[2025] KEHC 8950 (KLR)

[2025] KEHC 8950 (KLR)

The court determined that since the appellant had passed away and counsel for the appellant had no instructions to proceed, there was no basis for the appeal to continue. Consequently, the appeal was marked as withdrawn and the file closed.

Source-derived case information.

Citation
[2025] KEHC 8950 (KLR)
Parties
Appellant: Patrick Shipiti Liyengwa; Respondent: Susan Nyaguthi Ngacha
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
28 January 2025
Case Number
Civil Appeal E011 of 2023
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Outcome
Appeal withdrawn and file closed.
Judges
AN Ongeri
Legal Topics
Withdrawal of Appeal, Death of Party, Case Closure
Source Language
english
Civil Procedure Withdrawal of Appeal Death of Party Case Closure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Shipiti Liyengwa

Appellant

Susan Nyaguthi Ngacha

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should proceed following the death of the appellant and lack of instructions to counsel.

Ratio Decidendi

The court determined that since the appellant had passed away and counsel for the appellant had no instructions to proceed, there was no basis for the appeal to continue. Consequently, the appeal was marked as withdrawn and the file closed.

Court Disposition

Appeal withdrawn and file closed.

Orders

  • The appeal is marked as withdrawn.
  • The file is accordingly closed.