[2015] KECA 57 (KLR)
The Court allowed the appellants to withdraw the appeal upon their application, noting that the withdrawal was not opposed by the respondents. The Court further ordered that the status quo be maintained until the High Court suit is heard and determined, to preserve the rights of the parties pending final resolution....
Source-derived case information.
- Citation
- [2015] KECA 57 (KLR)
- Parties
- Appellant: Pacifica Moraa Nyacheo; Appellant: Frank Nyanga'u; Respondent: The School Committee through Chairman Monga Primary School
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 179 of 2012
- Procedural Posture
- Civil Appeal / Interlocutory Appeal; Application for Withdrawal Before Hearing
- Outcome
- Appeal withdrawn by consent; status quo to be maintained; each party to bear own costs.
- Judges
- DK Maraga, S ole Kantai
- Legal Topics
- Withdrawal of Appeal, Status Quo Orders, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pacifica Moraa Nyacheo
Appellant
Frank Nyanga'u
Appellant
The School Committee through Chairman Monga Primary School
Respondent
Procedural Posture
Civil Appeal / Interlocutory Appeal; Application for Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn at the request of the appellants.
- 2 Whether the status quo should be maintained pending determination of the High Court suit.
- 3 Who should bear the costs of the withdrawn appeal.
Ratio Decidendi
The Court allowed the appellants to withdraw the appeal upon their application, noting that the withdrawal was not opposed by the respondents. The Court further ordered that the status quo be maintained until the High Court suit is heard and determined, to preserve the rights of the parties pending final resolution. Each party was ordered to bear its own costs of the appeal. The appellants were directed to ensure the High Court suit is fixed for hearing expeditiously. The decision was guided by the procedural rules allowing withdrawal of appeals and the need to prevent prejudice to either party while the substantive dispute remains unresolved.
Court Disposition
Appeal withdrawn by consent; status quo to be maintained; each party to bear own costs.
Orders
- The appeal is withdrawn under Rule 96 of the Court of Appeal Rules.
- The status quo obtaining at the moment shall be maintained until the suit in the High Court is heard and determined.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL AT KISII
(CORAM: MARAGA, AZANGALALA, KANTAI, JJ.A)
CIVIL APPEAL NO. 179 OF 2012
BETWEEN
PACIFICA MORAA NYACHEO ..........................................1st APPELLANT
FRANK NYANGA'U ........................................................... 2nd APPELLANT
AND
THE SCHOOL COMMITTEE THRO'
CHAIRMAN MONGA PRIMARY SCHOOL ........................... RESPONDENTS
(An appeal from the Judgment and Decree of the High Court of Kenya at Kisii
R.Sitati J.) dated 15th May, 2012
in
H.C.C.C. NO. 141 OF 2011)
****************************
ORDER OF THE COURT
This is an interlocutory appeal. Upon being called out for hearing the Court observed that its determination will not finally determined the dispute between the parties. Having considered that observation Mr. Sagwe learned Counsel for the appellant has applied to withdraw it on condition that the status quo is maintained until the suit in the High Court is heard and determined.
As Mr. Soire, learned Counsel for the respondents has no objection. We grant the appellants application and hereby order that this appeal be and is hereby withdrawn under Rule 96 of the Court of Appeal Rules. The status quo obtaining at the moment shall be maintained until the suit in the High Court is heard and determined.
The appellants to cause the suit in the High Court to be fixed for hearing as soon as possible. Each party to bear its own costs of this appeal.
Made at Kisii this 23rd day of February, 2015
D. MARAGA
………………….
JUDGE OF APPEAL
F. AZANGALALA
………………………….
JUDGE OF APPEAL
S. ole KANTAI
………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR