[2007] KECA 384 (KLR)
The court allowed the withdrawal of the Notice of Motion dated 14th August 2006 upon the applicant's informal request, noting that the respondent did not oppose the withdrawal. The court exercised its discretion under Rule 55(6) of the Court of Appeal Rules to permit the withdrawal and ordered that there be no order...
Source-derived case information.
- Citation
- [2007] KECA 384 (KLR)
- Parties
- Applicant: Standard Assurance Kenya Limited; Respondent: Benard Otieno Rapuoda
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 166 of 2006
- Procedural Posture
- Civil Appeal / Application for Withdrawal of Notice of Motion
- Outcome
- Application withdrawn with no order as to costs.
- Legal Topics
- Withdrawal of Application, Extension of Time, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Standard Assurance Kenya Limited
Applicant
Benard Otieno Rapuoda
Respondent
Procedural Posture
Civil Appeal / Application for Withdrawal of Notice of Motion
Legal Issues
- 1 Whether the applicant should be granted leave to withdraw the Notice of Motion dated 14th August 2006.
- 2 Whether costs should be awarded upon withdrawal of the application.
Ratio Decidendi
The court allowed the withdrawal of the Notice of Motion dated 14th August 2006 upon the applicant's informal request, noting that the respondent did not oppose the withdrawal. The court exercised its discretion under Rule 55(6) of the Court of Appeal Rules to permit the withdrawal and ordered that there be no order as to costs, given the lack of opposition and the circumstances of the withdrawal.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The Notice of Motion dated 14th August 2006 is withdrawn under rule 55(6) of the Court of Appeal Rules.
- There is no order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU
Civil Appeal (Appli) 166 of 2006
STANDARD ASSURANCE KENYA LIMITED ….................... APPLICANT/APPELLANT
AND
BENARD OTIENO RAPUODA …………..…….….….................…………. RESPONDENT
(An application for validation of the notice of appeal and extension of time to file and serve the record of appeal out of time in an intended appeal from a ruling and order of the High Court of Kenya at Kisumu(Tanui J.) dated 31st May 2004 in H.C.C.C. NO.148 OF 2004
***************
ORDER
Counsel for the applicant, Mr. Omariba informally applies for leave to withdraw the Notice of Motion dated 14th August 2006 and filed in court on 21st August 2006. As Mr. Ochieng for the Respondent does not oppose the withdrawal of the said motion, it is hereby ordered that the motion dated 14th August 2006, be and is hereby withdrawn under rule 55(6) of the Court of Appeal Rules, but with no order as to the costs.
Made at Kisumu this 19th day of March, 2007.
S.E.O. BOSIRE
………………………….
JUDGE OF APPEAL
I certify that this is a true copy the original.
DEPUTY REGISTRAR