[2015] KECA 61 (KLR)
The Court of Appeal accepted the parties' mutual agreement to withdraw both the appeal and the originating High Court suit. The court exercised its discretion under Rule 96(5) of the Court of Appeal Rules to mark the appeal as withdrawn, and further ordered that each party bear its own costs, reflecting the parties'...
Source-derived case information.
- Citation
- [2015] KECA 61 (KLR)
- Parties
- Appellant: Paul Cheruiyot Bitok; Appellant: Stephen KipYego Koech; Appellant: Noah Koech; Respondent: Morris Lugalia Luke; Respondent: Ngugi Gitonga; Respondent: Francis K. Karinge; Respondent: Titus G. Njau; Respondent: Francis Gachibi; Respondent: Peter Njoroge Kamau (on their own behalf and on behalf of all the members of News Langas Company Investment); Respondent: Samuel Bitok
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 205 of 2007
- Procedural Posture
- Civil Appeal / Withdrawal Before Hearing
- Outcome
- Appeal and originating High Court suit withdrawn by consent; each party to bear its own costs.
- Judges
- AK Murgor
- Legal Topics
- Withdrawal of Appeal, Costs Orders, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Cheruiyot Bitok
Appellant
Stephen KipYego Koech
Appellant
Noah Koech
Appellant
Morris Lugalia Luke
Respondent
Ngugi Gitonga
Respondent
Francis K. Karinge
Respondent
Titus G. Njau
Respondent
Francis Gachibi
Respondent
Peter Njoroge Kamau (on their own behalf and on behalf of all the members of News Langas Company Investment)
Respondent
Samuel Bitok
Respondent
Procedural Posture
Civil Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal and the originating High Court suit should be withdrawn by consent of the parties.
- 2 Whether any orders as to costs should be made upon withdrawal.
Ratio Decidendi
The Court of Appeal accepted the parties' mutual agreement to withdraw both the appeal and the originating High Court suit. The court exercised its discretion under Rule 96(5) of the Court of Appeal Rules to mark the appeal as withdrawn, and further ordered that each party bear its own costs, reflecting the parties' consent and the absence of any contest on costs. The withdrawal was thus effected both at the appellate and High Court levels, terminating the proceedings in their entirety without any further orders as to costs or substantive relief.
Court Disposition
Appeal and originating High Court suit withdrawn by consent; each party to bear its own costs.
Orders
- This appeal is marked as withdrawn under rule 96(5) of the Court of Appeal Rules.
- Each party shall bear its own costs of the appeal.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA. GA TEMBU & MURGOR)
CIVIL APPEAL NO. 205 OF 2007
BETWEEN
PAUL CHERUIYOT BITOK …………………………..……… 1ST APPELLANT
STEPHEN KIPYEGO KOECH …………....……………..……..2ND APPELLANT
NOAH KOECH…………………………………………………..3RD APPELLANT
AND
MORRIS LUGALIA LUKE ........................................................ 1ST RESPONDENT
NGUGI GITONGA ………………….……..…........……..……. 2ND RESPONDENT
FRANCIS K. KARINGE ............................................................ 3RD RESPONDENT
TITUS G. NJAU ....................................................................... 4TH RESPONDENT
FRANCIS GACHIBI ................................................................ 5TH RESPONDENT
PETER NJOROGE KAMAU on their own behalf and on behalf of
all the members of
NEWS LANGAS COMPANY INVESTMENT…....………..6TH RESPONDENT
SAMUEL BITOK ................................................................ 7TH RESPONDENT
(An appeal from the ruling & order of the High Court of Kenya at
Eldoret (Hon. Bauni, J) dated 6th July, 2007
in
H.C.C. C NO. 113 OF 2005[0S])
*******************
ORDER OF THE COURT
Mr Paul Gicheru learned counsel for the appellant and Mr Ngigi learned counsel for the Respondents have informed the court that the parties have agreed that this appeal being Civil appeal No. 205 of 2007 and the High Court suit giving rise to it namely Eld Hccc 113 of 2005 (OS) be withdrawn with no orders as to costs.
Accordingly this appeal is marked as withdrawn under rule 96 (5) of the rules of this Court. Each party shall bear its own costs of the appeal. High Court Civil Case No. 113 of 2005 (OS) is also marked as withdrawn with each party to bear their own costs.
Dated at Eldoret this 27th day of May, 2015.
D.K.MARAGA
..............................
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
.............................................
JUDGE OF APPEAL
A. K. MURGOR
....................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR