[1996] KECA 147 (KLR)
The Court granted leave to withdraw the appeal because more than three years had elapsed since the date of the marriage, which entitled the appellant to present a petition if she so wished. Both parties, through their advocates, agreed to the withdrawal and to there being no order as to costs. The Court found no...
Source-derived case information.
- Citation
- [1996] KECA 147 (KLR)
- Parties
- Appellant: Shaheen Yakub (nee Khalfan); Respondent: Ijaz Yakub
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 51 of 1996
- Procedural Posture
- Civil Appeal / Application for Leave to Withdraw Appeal
- Outcome
- Appeal withdrawn by leave of the court; no order as to costs.
- Legal Topics
- Withdrawal of Appeal, Leave to File Petition, Marriage Duration Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shaheen Yakub (nee Khalfan)
Appellant
Ijaz Yakub
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Withdraw Appeal
Legal Issues
- 1 Whether the appellant should be granted leave to withdraw the appeal.
- 2 Whether the appellant is entitled to present a petition after withdrawal of the appeal.
Ratio Decidendi
The Court granted leave to withdraw the appeal because more than three years had elapsed since the date of the marriage, which entitled the appellant to present a petition if she so wished. Both parties, through their advocates, agreed to the withdrawal and to there being no order as to costs. The Court found no reason to deny the application for withdrawal and accordingly ordered the appeal withdrawn with no order as to costs.
Court Disposition
Appeal withdrawn by leave of the court; no order as to costs.
Orders
- Leave to withdraw the appeal is granted.
- The appeal stands withdrawn.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & LAKHA, JJ.A.) CIVIL APPEAL NO. 51 OF 1996
BETWEEN
SHAHEEN YAKUB (NEE KHALFAN) ................APPELLANT
AND
IJAZ YAKUB ..................................................RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Mombasa (Justice S.O. Oguk) dated 23rd January, 1995 at Mombasa in (MISC. CIVIL CASE NO. 269 OF 1994 (O.S.)) *************************
ORDER OF THE COURT
Mr. Mahan for the appellant applies for leave to withdraw the appeal since more than three years have now expired since the date of the marriage. The appellant is entitled to present a petition if she is so advised. We grant that, in these circumstances, leave is granted. Accordingly, the appeal stands withdrawn. As both advocates agree, there will be no order as to costs.
Made at Nairobi this 12th day of June, 1996.
J.E. GICHERU ......................... JUDGE OF APPEAL
R.O. KWACH ........................ JUDGE OF APPEAL
A.A. LAKHA ........................ JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR