[2023] KEHC 20605 (KLR)
The court found that since the respondent had never attended the appellate court or filed any documents, he had not participated in the matter. Therefore, he was not entitled to costs. The appeal having been withdrawn and the respondent having taken no steps in the proceedings, the appropriate order was that each...
Source-derived case information.
- Citation
- [2023] KEHC 20605 (KLR)
- Parties
- Appellant: George Joseph Otieno; Respondent: Ben Oluoch
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E014 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Costs After Withdrawal of Appeal
- Outcome
- No order as to costs; file closed.
- Judges
- WM Musyoka
- Legal Topics
- Withdrawal of Appeal, Costs Award, Non Participation of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Joseph Otieno
Appellant
Ben Oluoch
Respondent
Procedural Posture
Civil Appeal / Ruling on Costs After Withdrawal of Appeal
Legal Issues
- 1 Whether the respondent is entitled to costs where he has not participated in the appeal proceedings.
Ratio Decidendi
The court found that since the respondent had never attended the appellate court or filed any documents, he had not participated in the matter. Therefore, he was not entitled to costs. The appeal having been withdrawn and the respondent having taken no steps in the proceedings, the appropriate order was that each party bear their own costs and the file be closed.
Court Disposition
No order as to costs; file closed.
Orders
- There shall be no order as to costs.
- The court file is to be closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Oluoch (Civil Appeal E014 of 2020) [2023] KEHC 20605 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20605 (KLR)
Republic of Kenya
In the High Court at Kakamega
Civil Appeal E014 of 2020
WM Musyoka, J
July 21, 2023
Between
George Joseph Otieno
Appellant
and
Ben Oluoch
Respondent
(Appeal from judgment and decree of Hon. F. Makoyo, Senior Principal Magistrate, SPM, in Butere SRMCCC No. 284 of 2018, of 8th June 2013)
Ruling
1. The appeal herein was withdrawn on January 19, 2023, before Wananda J.
2. Wananda J had it fixed for February 9, 2023, for the respondent to state his position on costs. The respondent did not attend court on February 9, 2023.
3. My perusal of the record reveals that the respondent has never attended the appellate court, and has never filed documents herein. That means he has not participated in this matter, to warrant costs being awarded in his favour.
4. Consequently, I shall order, as I hereby do, that there shall be no costs, and that the court file hereafter be closed.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS……………21ST……….…….DAY OF……………………JULY………………….2023W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMs. Anono, instructed By Mukisu & Associates, Advocates for the Appellant.