[2000] KECA 180 (KLR)
The Court held that since there is no provision in the Rules of the Court of Appeal for the withdrawal of an application, the proper course is to dismiss the application. The applicant's request to withdraw the application could not be granted in the absence of a specific rule allowing such withdrawal. The...
Source-derived case information.
- Citation
- [2000] KECA 180 (KLR)
- Parties
- Applicant: Samson M'Ikunyua; Respondent: Cecilia Nkatha Mbugua; Respondent: Meru Central Land Disputes Tribunal
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 217 of 1999
- Procedural Posture
- Civil Application / Application for Injunction and Stay of Proceedings Pending Intended Appeal
- Outcome
- application dismissed
- Legal Topics
- Withdrawal of Application, Injunctions, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson M'Ikunyua
Applicant
Cecilia Nkatha Mbugua
Respondent
Meru Central Land Disputes Tribunal
Respondent
Procedural Posture
Civil Application / Application for Injunction and Stay of Proceedings Pending Intended Appeal
Legal Issues
- 1 Whether the applicant can withdraw the application for injunction and stay of proceedings.
- 2 Whether the Rules of the Court provide for withdrawal of an application.
- 3 What is the appropriate order where withdrawal is sought but not provided for in the Rules.
Ratio Decidendi
The Court held that since there is no provision in the Rules of the Court of Appeal for the withdrawal of an application, the proper course is to dismiss the application. The applicant's request to withdraw the application could not be granted in the absence of a specific rule allowing such withdrawal. The application was therefore dismissed, but the Court exercised its discretion not to make any order as to costs, likely in recognition of the circumstances that the subject land had already been transferred and partly sold to third parties, rendering the application moot.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: OMOLO, SHAH & BOSIRE, JJ.A
CIVIL APPLICATION NO. NAI. 217 OF 1999 (NYR.17/99)
BETWEEN
SAMSON M’IKUNYUA.........................................................................APPLICANT
AND
1. CECILIA NKATHA MBUGUA
2. MERU CENTRAL LAND DISPUTES TRIBUNAL................RESPONDENT
(Application for injunction and stay of proceedings in an intended appeal from the ruling and order of the High Court of Kenya at Meru (Osiemo, J) dated 25th June, 1999 in H.C.C.C. NO. 96 OF 1998) ******************** RULING OF THE COURT
Mr. Kariuki applies, now, to withdraw this application as the land, the subject-matter of this application, has already been transferred to the first respondent who has sold a portion thereof to third parties. There is no provision for withdrawal of an application in the Rules of this Court. The application is dismissed but we make no order as to costs.
Dated and delivered at Nyeri this 26th day of October, 2000.
R.S.C. OMOLO
--------------------
JUDGE OF APPEAL
A.B. SHAH
----------------------
JUDGE OF APPEAL
S.E.O. BOSIRE--------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.