[2014] KEHC 2469 (KLR)
The court allowed the withdrawal of the application to dismiss the appeal for want of prosecution by consent of the parties. The court exercised its discretion to permit the appellant to file the record of appeal within 30 days, as agreed. Costs of the withdrawn application were ordered to be in the appeal, meaning...
Source-derived case information.
- Citation
- [2014] KEHC 2469 (KLR)
- Parties
- Appellant: Stephen S. Nteere Inoti; Respondent: M'Twaruchiu Nthunguri Ikwinga; Respondent: Magiri M'Twaruchiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 115 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
- Outcome
- Application withdrawn by consent; costs to be in the appeal.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Withdrawal of Application, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen S. Nteere Inoti
Appellant
M'Twaruchiu Nthunguri Ikwinga
Respondent
Magiri M'Twaruchiu
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
- 2 Whether costs should be awarded upon withdrawal of the application.
Ratio Decidendi
The court allowed the withdrawal of the application to dismiss the appeal for want of prosecution by consent of the parties. The court exercised its discretion to permit the appellant to file the record of appeal within 30 days, as agreed. Costs of the withdrawn application were ordered to be in the appeal, meaning they would be determined if and when the appeal is admitted and heard. The court's decision was based on the mutual agreement of the parties and the principle that withdrawal by consent is permissible, with costs reserved for later determination.
Court Disposition
Application withdrawn by consent; costs to be in the appeal.
Orders
- The application to dismiss the appeal for want of prosecution is withdrawn by consent.
- The appellant to file the record of appeal within 30 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCA NO.115/2011
STEPHEN S. NTEERE INOTI...........................................................APPELLANT
VERSUS
M'TWARUCHIU NTHUNGURI IKWINGA.........................1ST RESPONDENT
MAGIRI M'TWARUCHIU......................................................2ND RESPONDENT
R U L I N G
This application is dated 14. 11. 2013 and seeks orders:
(a) That the honourable court be pleased to dismiss this appeal for want of prosecution.
(b) That cost be paid by the appellant.
It was based on the following grounds:
(a) The appellant has failed to have the appeal prosecuted.
(b) That the appellant has lost interest in the case.
On 4. 7.2014, the parties through their advocates, agreed by consent, to have the application withdrawn and for the Appellant to file his record of Appeal within 30 days.
I do allow the withdrawal of the application with costs to be in the appeal, if it is eventually admitted and heard.
It is so ordered.
Delivered in Open Court at Meru this 24th day of July, 2014 in the presence of:
Cc Daniel/Lilian
Mutwiri Arimi for appellant
Ayub Anampiu for respondents
P. M. NJOROGE
JUDGE