[2025] KEHC 5260 (KLR)

[2025] KEHC 5260 (KLR)

The court allowed the withdrawal of the appeal as requested by the appellants and consented to by the respondent. The court marked the appeal as withdrawn and ordered the appellants to pay agreed costs of Kshs. 40,000 to the respondent within 30 days. The decision was based on the parties' mutual agreement and the court's discretion under the Civil Procedure Rules to grant withdrawal and determine costs.

Citation
[2025] KEHC 5260 (KLR)
Parties
Appellant: Reuben Maina; Appellant: Malik Boeki Company Limited; Respondent: Simon Oduor Odongo
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
19 March 2025
Case Number
Civil Appeal E043 of 2024
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Outcome
Appeal marked as withdrawn with agreed costs to respondent.
Judges
AN Ongeri
Legal Topics
Withdrawal of Appeal, Costs Award
Source Language
English
Civil Procedure Withdrawal of Appeal Costs Award

Case Brief

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Parties

Reuben Maina

Appellant

Malik Boeki Company Limited

Appellant

Simon Oduor Odongo

Respondent

Procedural Posture

Civil Appeal / Ruling on Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should be marked as withdrawn with agreed costs to the respondent.

Ratio Decidendi

The court allowed the withdrawal of the appeal as requested by the appellants and consented to by the respondent. The court marked the appeal as withdrawn and ordered the appellants to pay agreed costs of Kshs. 40,000 to the respondent within 30 days. The decision was based on the parties' mutual agreement and the court's discretion under the Civil Procedure Rules to grant withdrawal and determine costs.

Court Disposition

Appeal marked as withdrawn with agreed costs to respondent.

Orders

  • The appeal is marked as withdrawn.
  • The appellants shall pay the respondent Kshs. 40,000 as agreed costs within 30 days of the ruling.