[2022] KECA 1070 (KLR)
The court held that since the applicant had filed a notice of withdrawal of the application before the hearing, and there was no opposition or response from the respondent, the application should be marked as withdrawn. The court exercised its discretion under Rule 54 of the Court of Appeal Rules to allow the...
Source-derived case information.
- Citation
- [2022] KECA 1070 (KLR)
- Parties
- Applicant: James Ouma Orwa; Respondent: Rose Violet Akinyi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E107 of 2022
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal; Withdrawal Before Hearing
- Outcome
- Application marked as withdrawn with no order as to costs.
- Judges
- JM Ngugi
- Legal Topics
- Extension of Time, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ouma Orwa
Applicant
Rose Violet Akinyi
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal; Withdrawal Before Hearing
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the withdrawal of the application is permissible under the Court of Appeal Rules.
Ratio Decidendi
The court held that since the applicant had filed a notice of withdrawal of the application before the hearing, and there was no opposition or response from the respondent, the application should be marked as withdrawn. The court exercised its discretion under Rule 54 of the Court of Appeal Rules to allow the withdrawal and made no order as to costs.
Court Disposition
Application marked as withdrawn with no order as to costs.
Orders
- The application is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Orwa v Akinyi (Civil Application E107 of 2022) [2022] KECA 1070 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KECA 1070 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E107 of 2022
JM Ngugi, JA
October 12, 2022
Between
James Ouma Orwa
Applicant
and
Rose Violet Akinyi
Respondent
(Being an application to extend time to file an appeal from the judgment of Justice A. O. Ombwayo delivered on the 5th August, 2022) in Kisumu ELC Misc. Case No. 4 of 2016 Environment & Land Case 4 of 2016 )
Ruling
1. The Applicant, James Ouma Orwa, moved the Court by way of Notice of Motion dated August 23, 2022. In the main, it seeks for leave for the Applicant to file an appeal out of time.
2. The Application was scheduled for hearing on October 12, 2021. The Hearing Notice and instructions on hearing were served on the Applicants’ and Respondent’s Counsel by email on October 5, 2022.
3. The Respondent has not filed any response to the Application.
4. On the scheduled date for hearing, the Applicant’s counsel filed a Notice of Withdrawal of the Application. Under Rule 54 of the Court of Appeal Rules an Applicant is permitted to apply for leave to withdraw an application filed at any time.
5. In the circumstances, the Application is hereby marked as withdrawn with no order as to costs.
6. Orders accordingly.
DATED AND DELIVERED AT KISUMU THIS 12THDAY OF OCTOBER, 2022. JOEL NGUGI............................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR