[2023] KECA 45 (KLR)
The court allowed the applicant's request to withdraw the application for extension of time to file an appeal out of time, as communicated in the applicant's letter dated November 17, 2022. Since the respondent did not file an answer to the application, the court exercised its discretion and made no order as to...
Source-derived case information.
- Citation
- [2023] KECA 45 (KLR)
- Parties
- Applicant: Mukesh Kumar Kantilal Patel; Respondent: Charles Langat
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E080 of 2022
- Procedural Posture
- Civil Application / Application for Extension of Time to File Appeal
- Outcome
- Application marked as withdrawn with no order as to costs.
- Judges
- F Tuiyott
- 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
Mukesh Kumar Kantilal Patel
Applicant
Charles Langat
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the application for extension of time to file an appeal out of time should be withdrawn as requested by the applicant.
- 2 Whether costs should be awarded to the respondent upon withdrawal of the application.
Ratio Decidendi
The court allowed the applicant's request to withdraw the application for extension of time to file an appeal out of time, as communicated in the applicant's letter dated November 17, 2022. Since the respondent did not file an answer to the application, the court exercised its discretion and made no order as to costs. The application dated May 31, 2022 was accordingly marked as withdrawn with no order as to costs.
Court Disposition
Application marked as withdrawn with no order as to costs.
Orders
- The application dated May 31, 2022 is marked as withdrawn pursuant to rule 54 of the rules of this court.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Patel v Langat (Civil Application E080 of 2022) [2023] KECA 45 (KLR) (3 February 2023) (Order)
Neutral citation: [2023] KECA 45 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E080 of 2022
F Tuiyott, JA
February 3, 2023
Between
Mukesh Kumar Kantilal Patel
Applicant
and
Charles Langat
Respondent
(Being an application for extension of time to file an appeal out of time from the ruling of the High Court of Kericho (Oundo, J) delivered on 2nd December, 2021in KERICHO ELC NO. 37 OF 2014)
Order
1. Acceding to the request in a letter dated November 17, 2022 by the applicant addressed to this court, the application dated 31st May, 2022 that was before court and heard on September 20, 2022 is hereby marked as withdrawn pursuant to rule 54 of the rules of this court.
2. Although the applicant is not averse to costs being awarded to the respondent, there shall be no such order as the respondent did not file an answer to the application. The application dated May 31, 2022 is hereby marked as withdrawn with no order as to costs.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF FEBRUARY, 2023. F. TUIYOTT……………JUDGE OF APPEALI certify that this is a true copy of the original.SIGNEDDEPUTY REGISTRAR.