[2024] KEELC 4622 (KLR)
The court found that the original record of the lower court, now before the appellate court, contains all documents alleged to be missing from the record of appeal. As a result, the application dated 27/2/2024, which sought to address the alleged omission, is rendered moot. The applicants' oral request to withdraw...
Source-derived case information.
- Citation
- [2024] KEELC 4622 (KLR)
- Parties
- Appellant: Margaret Wanjiku Waithaka; Appellant: Catherine Wambui Karekezi; Appellant: Ann Njeri Waithaka; Appellant: Angela Wanjiru Wokabi; Respondent: Mary Muthoni Gitau; Respondent: Andrea Wambui Gitau; Respondent: Waithaka Gitau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 105 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn with no order as to costs.
- Judges
- BM Eboso
- Legal Topics
- Appeal Record Management, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wanjiku Waithaka
Appellant
Catherine Wambui Karekezi
Appellant
Ann Njeri Waithaka
Appellant
Angela Wanjiru Wokabi
Appellant
Mary Muthoni Gitau
Respondent
Andrea Wambui Gitau
Respondent
Waithaka Gitau
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the application dated 27/2/2024 should be withdrawn with no order as to costs.
- 2 Whether the alleged missing documents in the record of appeal are present in the original lower court record.
Ratio Decidendi
The court found that the original record of the lower court, now before the appellate court, contains all documents alleged to be missing from the record of appeal. As a result, the application dated 27/2/2024, which sought to address the alleged omission, is rendered moot. The applicants' oral request to withdraw the application with no order as to costs was granted, as there was no objection from the respondents and no prejudice would be suffered by any party. The withdrawal was therefore allowed, and no order as to costs was made.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application dated 27/2/2024 is withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
Waithaka & 3 others v Gitau & 2 others (Environment and Land Appeal 105 of 2021) [2024] KEELC 4622 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4622 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment and Land Appeal 105 of 2021
BM Eboso, J
June 3, 2024
Between
Margaret Wanjiku Waithaka
1st Appellant
Catherine Wambui Karekezi
2nd Appellant
Ann Njeri Waithaka
3rd Appellant
Angela Wanjiru Wokabi
4th Appellant
and
Mary Muthoni Gitau
1st Respondent
Andrea Wambui Gitau
2nd Respondent
Waithaka Gitau
3rd Respondent
(Being an Appeal against the Ruling of Hon G. Omodho, Principal Magistrate, delivered on 3/11/2021 in Kiambu Chief Magistrate Court MCL & E Case No. E045 of 2021)
Ruling
1. This court is seized of this matter as a first appellate court. Among the key records that will form the basis of the disposal of the appeal is the original record of the lower court.
2. At this point, this court is seized of the said original record of the lower court. A perusal of the said original record of the lower court reveals that all the four documents that were alleged to be missing in the record of appeal filed in this appeal are contained in the original record of the lower court.
3. Against the above background, the applicants in the application dated 27/2/2024 seek to withdraw the said application with no order as to costs.
4. Given that the court is seized of the original record of the lower court, the application dated 27/2/2024 is moot.
5. The court will allow the applicants to withdraw the said application with no order as to costs as orally requested by the applicants. The oral plea to withdraw the application dated 27/2/2024 with no order as to costs is granted.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 3RD DAY OF JUNE 2024B M EBOSOJUDGEIn the Presence of: -Ms Wanjiku for the AppellantsMr Kuria for the RespondentsCourt Assistant: Hinga