[2020] KECA 378 (KLR)
The court held that it has the jurisdiction under rule 4 of the Court of Appeal Rules to entertain applications for extension of time and, by extension, to allow withdrawal of such applications. Upon receipt of a notice of withdrawal from the applicants' advocates, and with notice to the respondents, the court...
Source-derived case information.
- Citation
- [2020] KECA 378 (KLR)
- Parties
- Applicant: The University of Eldoret; Applicant: The Vice-Chancellor, University of Eldoret; Respondent: Hosea Sitienei; Respondent: Professor Ezekiel Kiprop; Respondent: The Cabinet Secretary for Education Science & Technology; Respondent: Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 133 of 2019
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal; Withdrawal of Motion
- Outcome
- Motion marked as withdrawn; no order as to costs.
- Judges
- S ole Kantai
- Legal Topics
- Extension of Time, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The University of Eldoret
Applicant
The Vice-Chancellor, University of Eldoret
Applicant
Hosea Sitienei
Respondent
Professor Ezekiel Kiprop
Respondent
The Cabinet Secretary for Education Science & Technology
Respondent
Attorney General
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal; Withdrawal of Motion
Legal Issues
- 1 Whether the applicants should be granted leave to withdraw their motion for extension of time to file a notice of appeal out of time.
- 2 Whether the court has jurisdiction to allow withdrawal of such a motion under the applicable rules.
Ratio Decidendi
The court held that it has the jurisdiction under rule 4 of the Court of Appeal Rules to entertain applications for extension of time and, by extension, to allow withdrawal of such applications. Upon receipt of a notice of withdrawal from the applicants' advocates, and with notice to the respondents, the court marked the motion as withdrawn under rule 52. No order as to costs was made. The withdrawal was procedural and did not require consideration of the merits of the original application for extension of time.
Court Disposition
Motion marked as withdrawn; no order as to costs.
Orders
- The Motion dated 8th August, 2019 is marked as withdrawn under rule 52 of the rules of this Court.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(CORAM: KANTAI, JA (IN CHAMBERS)
CIVIL APPLICATION NO. 133 OF 2019
BETWEEN
THE UNIVERSITY OF ELDORET.............................................1ST APPLICANT
THE VICE-CHANCELLOR, UNIVERSITY OF ELDORET ...2ND APPLICANT
AND
HOSEA SITIENEI...................................................................1ST RESPONDENT
PROFESSOR EZEKIEL KIPROP.........................................2ND RESPONDENT
THE CABINET SECRETARY FOR
EDUCATION SCIENCE & TECHNOLOGY.......................3RD RESPONDENT
ATTORNEY GENERAL..........................................................4TH RESPONDENT
(Being an application for leave to file a notice of appeal and record of appeal from the Judgment of the Employment and Labour Relations Court of Kenya at Nakuru (Mbaru, J.) delivered on 9th July, 2019 in ELRC Petition No. 3 of 2019as consolidated withELRC Petition No. 4 of 2019)
RULING
I note that the Motion dated 6th August, 2019 asked for extension of time to file notice of appeal out of time.
There is a Notice of Withdrawal of Motion dated 25th June, 2020 by M/S G & A Advocates LLPfor applicants copied to the respondents.
I have power under rule 4 of the rules of this Court to deal with an application for extension of time. I think that power extends to dealing with an application to withdraw such a Motion. In the event the Motion dated 8th August, 2019 be and is hereby marked as withdrawn under rule 52 of the rules of this Court. I make no order as to costs.
Dated and delivered at Nairobi this 7th day of August, 2020.
S. ole KANTAI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR