[2015] KECA 43 (KLR)
The Court of Appeal accepted the joint communication from counsel for both parties that the dispute had been settled and that the application for stay of execution should be withdrawn by consent. The court marked the application as withdrawn under rule 52 of the Court of Appeal Rules, with no orders as to costs,...
Source-derived case information.
- Citation
- [2015] KECA 43 (KLR)
- Parties
- Applicant: Simon Njuguna Macharia; Applicant: Kennedy Mokua t/a Moco Auctioneers; Respondent: Gush Jumbo Hardware & Paints Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 75 of 2014
- Procedural Posture
- Civil Appeal / Application for Stay of Execution; Withdrawal by Consent
- Outcome
- Application withdrawn by consent with no orders as to costs.
- Judges
- DK Musinga, AK Murgor
- Legal Topics
- Stay of Execution, Withdrawal of Application, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Njuguna Macharia
Applicant
Kennedy Mokua t/a Moco Auctioneers
Applicant
Gush Jumbo Hardware & Paints Limited
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution; Withdrawal by Consent
Legal Issues
- 1 Whether the application for stay of execution should be withdrawn by consent of the parties.
Ratio Decidendi
The Court of Appeal accepted the joint communication from counsel for both parties that the dispute had been settled and that the application for stay of execution should be withdrawn by consent. The court marked the application as withdrawn under rule 52 of the Court of Appeal Rules, with no orders as to costs, thereby giving effect to the parties' agreement and bringing the interlocutory proceedings to an end.
Court Disposition
Application withdrawn by consent with no orders as to costs.
Orders
- The application dated 24th September, 2014 is marked as withdrawn by consent under rule 52 of the Court of Appeal Rules.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MUSINGA, GATEMBU & MURGOR, JJ.A)
CIVIL APPEAL NO. 75 OF 2014 (UR 53/2014)
BETWEEN
SIMON NJUGUNA MACHARIA .......................................... 1ST APPLICANT
KENNEDY MOKUA T/A MOCO AUCTIONEERS....................2ND APPLICANT
AND
GUSH JUMBO HARDWARE & PAINTS LIMITED ……………………RESPONDENT
(An Application for Stay of execution of Ruling and Order of the High Court of Kenya at Kisii (S. Okongo, J) dated 21st November; 2014
in
H.C.C. NO. 354 OF 2014)
*******************
ORDER BY CONSENT
Learned counsel for both parties have informed the court that the entire dispute between the parties has been settled and that the application dated 24th September, 2014 may by consent be withdrawn with no orders as to costs.
In the circumstances the application is marked as withdrawn under rule 52 of the orders of the Court with no orders as to costs.
Dated at Kisii this 8th day of May, 2015.
D. K. MUSINGA
.............................
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