[2023] KECA 806 (KLR)
The court found that since the request to withdraw the application for substitution of the deceased respondent was not opposed by the appellants, it was appropriate to allow the withdrawal. The application dated 13th May, 2021 was therefore marked as withdrawn with no order as to costs. This decision was guided by...
Source-derived case information.
- Citation
- [2023] KECA 806 (KLR)
- Parties
- Appellant: Mary Omollo Odongo; Appellant: Apollo Odhiambo Guya; Respondent: Hellen Ouma Ojuok
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E083 of 2021
- Procedural Posture
- Civil Application / Application for Leave to Substitute Deceased Respondent; Withdrawal of Application
- Outcome
- Application marked as withdrawn with no order as to costs.
- Judges
- F Tuiyott
- Legal Topics
- Substitution of Parties, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Omollo Odongo
Appellant
Apollo Odhiambo Guya
Appellant
Hellen Ouma Ojuok
Respondent
Procedural Posture
Civil Application / Application for Leave to Substitute Deceased Respondent; Withdrawal of Application
Legal Issues
- 1 Whether the application for substitution of the deceased respondent should be withdrawn as requested by the respondent's advocate.
Ratio Decidendi
The court found that since the request to withdraw the application for substitution of the deceased respondent was not opposed by the appellants, it was appropriate to allow the withdrawal. The application dated 13th May, 2021 was therefore marked as withdrawn with no order as to costs. This decision was guided by the principle that unopposed applications for withdrawal should generally be granted, and that costs need not be awarded where there is no contest.
Court Disposition
Application marked as withdrawn with no order as to costs.
Orders
- The application dated 13th May, 2021 is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Odongo & another v Ojuok (Civil Application E083 of 2021) [2023] KECA 806 (KLR) (23 June 2023) (Order)
Neutral citation: [2023] KECA 806 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E083 of 2021
F Tuiyott, JA
June 23, 2023
Between
Mary Omollo Odongo
1st Appellant
Apollo Odhiambo Guya
2nd Appellant
and
Hellen Ouma Ojuok
Respondent
(Being an Application for leave to substitute the deceased respondent)
Order
1. In an undated letter but under reference FEW/KSM/CIV/B 11407/2019, Wasuna and Company Advocates for the respondent wrote to the Deputy Registrar of this Court requesting for leave to discontinue and withdraw the application dated 13th May, 2021 for substitution of the deceased respondent in the appeal, as the appellants had since abandoned the appeal.
2. As the request for withdrawal is not opposed, I do hereby mark the application dated 13th May, 2021 as withdrawn with no order as to costs.
DATED AND DELIVERED AT KISUMU THIS 23RD DAY OF JUNE, 2023. F. TUIYOTT............................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR