[2023] KEHC 796 (KLR)
The court found that the appellant had properly filed a notice of withdrawal of appeal and, upon perusal of the notice, ordered that the appeal be marked as wholly withdrawn with no orders as to costs. The court exercised its discretion not to award costs to any party, effectively closing the file.
Source-derived case information.
- Citation
- [2023] KEHC 796 (KLR)
- Parties
- Appellant: Victor Juma Ogol; Respondent: Moris Ochieng Ndeda; Respondent: Jacinter Otieno Ochieng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E049 of 2022
- Procedural Posture
- Civil Appeal / Withdrawal Ruling
- Outcome
- Appeal withdrawn with no orders as to costs.
- Judges
- RE Aburili
- Legal Topics
- Withdrawal of Appeal, Costs Orders, Appeal Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Juma Ogol
Appellant
Moris Ochieng Ndeda
Respondent
Jacinter Otieno Ochieng
Respondent
Procedural Posture
Civil Appeal / Withdrawal Ruling
Legal Issues
- 1 Whether the appeal should be marked as withdrawn as per the appellant's notice of withdrawal.
- 2 Whether any order as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant had properly filed a notice of withdrawal of appeal and, upon perusal of the notice, ordered that the appeal be marked as wholly withdrawn with no orders as to costs. The court exercised its discretion not to award costs to any party, effectively closing the file.
Court Disposition
Appeal withdrawn with no orders as to costs.
Orders
- The appeal as filed on October 18, 2022 is marked as wholly withdrawn with no orders as to costs.
- The file is effectively closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ogol v Ndeda & another (Suing as the administrators of the Estate of Tom Austin Ndeda - Deceased) (Civil Appeal E049 of 2022) [2023] KEHC 796 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 796 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E049 of 2022
RE Aburili, J
February 9, 2023
Between
Victor Juma Ogol
Appellant
and
Moris Ochieng Ndeda
1st Respondent
Jacinter Otieno Ochieng
2nd Respondent
Suing as the administrators of the Estate of Tom Austin Ndeda - Deceased
(Being an Appeal from the Judgment/decree of Honourable S.W. Mathenge (SRM) dated and delivered on 28/9/2022 in Bondo PMCC No. 94 of 2020)
Ruling
1. This appeal was filed on October 18, 2022.
2. The lower court file has been called for but is yet to be availed to this court for admission of the appeal. The appellant’s counsel has on February 9, 2023, vide a notice of withdrawal of appeal dated November 28, 2022, sought to have the appeal withdrawn with no orders as to costs.
3. Upon perusal of the notice of withdrawal of appeal dated November 28, 2022, I hereby order that this appeal as filed on October 18, 2022 be and is hereby marked as wholly withdrawn with no orders as to costs.
4. This file is effectively closed.
5. I so order
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9THDAY OF FEBRUARY, 2023R.E. ABURILIJUDGE