[1999] KECA 104 (KLR)
The court allowed the withdrawal of the application for extension of time to file the record of appeal, as there was no objection from the respondent or the interested party, and no party sought costs. The withdrawal was granted with no order as to costs, reflecting the consensus of the parties and the absence of...
Source-derived case information.
- Citation
- [1999] KECA 104 (KLR)
- Parties
- Applicant: Speaker of the National Assembly; Respondent: Samuel Kamau Macharia
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 314 of 1998
- Procedural Posture
- Civil Application / Application for Extension of Time to File Record of Appeal
- Outcome
- Application withdrawn with no order as to costs.
- 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
Speaker of the National Assembly
Applicant
Samuel Kamau Macharia
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the record of appeal.
- 2 Whether the withdrawal of the application should be allowed without an order as to costs.
Ratio Decidendi
The court allowed the withdrawal of the application for extension of time to file the record of appeal, as there was no objection from the respondent or the interested party, and no party sought costs. The withdrawal was granted with no order as to costs, reflecting the consensus of the parties and the absence of any contested issue requiring judicial determination.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application is withdrawn at the request of counsel for the applicant.
- There is no order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 314 OF 1998 BETWEEN
SPEAKER OF THE NATIONAL ASSEMBLY.........................APPLICANT AND SAMUEL KAMAU MACHARIA...................................RESPONDENT
(Application for extension of time to file Record of Appeal from a Judgment of of the High Court of Kenya at Nairobi (Mbogholi, J.) dated 19th August, 1998 in H.C.E.P. NO. 21 OF 1998) ************************ ORDER:
Counsel for the respondent and for the interested partynot objecting, this application is withdrawn at the request of counsel for the applicant herein with no order as to costs.
Dated and delivered at Nairobi this 27th day of May, 1999.
J.E. GICHERU ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR