[2007] KECA 105 (KLR)
The application for extension of time was withdrawn by consent of both parties. The court marked the application as withdrawn and ordered the applicant to pay costs to the respondent. The withdrawal rendered the substantive application moot, and the only operative issue was the award of costs, which the court...
Source-derived case information.
- Citation
- [2007] KECA 105 (KLR)
- Parties
- Applicant: Reliance Bank Limited (In Liquidation); Respondent: Grandways Ventures Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 315 of 2006
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application withdrawn by consent; costs awarded to respondent.
- Judges
- CA Otieno
- Legal Topics
- Extension of Time, Appeals Process, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reliance Bank Limited (In Liquidation)
Applicant
Grandways Ventures Ltd
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the application for extension of time to file a notice and record of appeal should be allowed or withdrawn.
Ratio Decidendi
The application for extension of time was withdrawn by consent of both parties. The court marked the application as withdrawn and ordered the applicant to pay costs to the respondent. The withdrawal rendered the substantive application moot, and the only operative issue was the award of costs, which the court exercised its discretion to grant to the respondent in a fixed sum, enforceable by execution if not paid within the stipulated period.
Court Disposition
Application withdrawn by consent; costs awarded to respondent.
Orders
- The application by way of Notice of Motion dated 14th December 2006 is marked as withdrawn.
- The applicant shall pay all costs inclusive to the respondent at Kshs.60,000 within 30 days of the date hereof, failing which execution to issue.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU
Civil Appli 315 of 2006 (UR 176/2006)
RELIANCE BANK LIMITED (IN LIQUIDATION) ………….… APPLICANT
AND
GRANDWAYS VENTURES LTD …………….....…………….RESPONDENT
(Application for extension of time within which to file a Notice of Appeal and Record of Appeal out of time in an intended appeal from the judgment of the High Court of Kenya at Kisumu (Tanui J. dated 10th August, 2006
in
H.C.C. C. NO. 272 OF 2001)
**********************
ORDER
This application is for hearing today. Parties have agreed that it be withdrawn. I order that the application by way of Notice of Motion dated 14th December 2006 be and is hereby marked as withdrawn. The applicant to pay all costs inclusive to the respondent at Kshs.60,000 (sixty thousand) within 30 (thirty) days of the date hereof, failing which execution to issue.
Made at Kisumu this 21st day of March 2007.
J.W. ONYANGO OTIENO
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR