[2001] KECA 52 (KLR)
The Court allowed the withdrawal of the application for stay of execution as requested by the applicants' counsel, noting that the respondent's counsel had no objection. In accordance with established civil procedure, the Court ordered that the withdrawal be with costs to the respondent. The decision was based on...
Source-derived case information.
- Citation
- [2001] KECA 52 (KLR)
- Parties
- Applicant: Obedi Maina; Applicant: John Menywa; Applicant: Bernard Kariuki; Applicant: Joseph Kigathi; Applicant: Peter N. Gitau; Applicant: Kennedy Mutalii; Applicant: Peter Wachira; Applicant: Agnes Wamukota; Applicant: Naomi Ombasa; Applicant: Farida Ajira; Applicant: James Njoroge; Respondent: Kitale Municipal Council
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 1 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application withdrawn with costs to the respondent.
- Legal Topics
- Stay of Execution, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obedi Maina
Applicant
John Menywa
Applicant
Bernard Kariuki
Applicant
Joseph Kigathi
Applicant
Peter N. Gitau
Applicant
Kennedy Mutalii
Applicant
Peter Wachira
Applicant
Agnes Wamukota
Applicant
Naomi Ombasa
Applicant
Farida Ajira
Applicant
James Njoroge
Applicant
Kitale Municipal Council
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution should be withdrawn with costs to the respondent.
Ratio Decidendi
The Court allowed the withdrawal of the application for stay of execution as requested by the applicants' counsel, noting that the respondent's counsel had no objection. In accordance with established civil procedure, the Court ordered that the withdrawal be with costs to the respondent. The decision was based on the mutual consent of both parties and the discretion of the Court to award costs upon withdrawal of an application.
Court Disposition
Application withdrawn with costs to the respondent.
Orders
- The application is withdrawn with costs to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEALAT KISUMUCORAM: GICHERU, TUNOI & OWUOR, JJ.A.CIVIL APPLICATION NO. NAI 1 OF 2001 (KSM. 1/2001) BETWEEN OBEDI MAINA }
JOHN MENYWA }
BERNARD KARIUKI}
JOSEPH KIGATHI }
PETER N. GITAU }
KENNEDY MUTALII} ............................APPLICANTS
PETER WACHIRA }
AGNES WAMUKOTA }
NAOMI OMBASA }
FARIDA AJIRA }
JAMES NJOROGE } AND
KITALE MUNICIPAL COUNCIL ..................RESPONDENT(Application for stay of execution pending hearing of intended appeal from a ruling & order of the High Court of Kenya at Kitale (Nambuye J) dated 21st December, 2000 in H.C.C.S. NO. 103 OF 2000) ***************ORDER OF THE COURT
Counsel for the applicants wishes to withdraw this application and as counsel for the respondent has no objection to the said withdrawal the said application is withdrawn with costs to the respondent.Made at Kisumu this 20th day of March, 2001. J. E. GICHERU---------------JUDGE OF APPEAL
P. K. TUNOI --------------- JUDGE OF APPEAL
E. OWUOR --------------- JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR