[1999] KECA 134 (KLR)
The court exercised its discretion to grant the applicant leave to withdraw the application for extension of time to file the record of appeal. The withdrawal was allowed on the oral request of the applicant's counsel, and the court made no order as to costs. The decision was procedural, based on the applicant's...
Source-derived case information.
- Citation
- [1999] KECA 134 (KLR)
- Parties
- Applicant: Muchina Githinji; Respondent: Teresia S. Kihika
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 225 of 1997
- Procedural Posture
- Extension of Time Application / Withdrawal of Application Before Appellate Court
- Outcome
- Application withdrawn with no order as to costs.
- Legal Topics
- Extension of Time, Appeals Process, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muchina Githinji
Applicant
Teresia S. Kihika
Respondent
Procedural Posture
Extension of Time Application / Withdrawal of Application Before Appellate Court
Legal Issues
- 1 Whether the applicant should be granted leave to withdraw the application for extension of time to file the record of appeal.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to withdraw the application for extension of time to file the record of appeal. The withdrawal was allowed on the oral request of the applicant's counsel, and the court made no order as to costs. The decision was procedural, based on the applicant's right to discontinue or withdraw an application before the court, and the absence of any objection or special circumstances requiring a different order.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- Leave granted to the applicant to withdraw the application.
- The application is hereby withdrawn.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA MUCHINA GITHINJI .......................................APPLICANT AND TERESIA S. KIHIKA ......................................RESPONDENT
(An application for extension of time to file record of appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (O'Kubasu J) dated 15th December, 1994 in H.C.C.C. NO. 3040 OF 1978) ********************** O R D E R
On the oral application of counsel for the applicant, I grant to the applicant leave to withdraw the application and the same be and is hereby withdrawn with no order as to costs. Made at Nairobi this 15th day of April, 1999.
R. S. C. OMOLO --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR