[2021] KECA 69 (KLR)
The Court of Appeal, upon being satisfied that the parties had reached a consent to withdraw the appeal and that there was no contest as to costs, marked the appeal as withdrawn with no orders as to costs. The court's order was based on the mutual agreement of the parties and the applicable procedural rules allowing...
Source-derived case information.
- Citation
- [2021] KECA 69 (KLR)
- Parties
- Appellant: Peter Trassilla Wangari; Appellant: Caroline Nyathira Mwangi (sued as the Administrators of the estate of the late Peter Mwangi Mahindu); Respondent: Greystones Development Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 85 of 2018
- Procedural Posture
- Civil Appeal / Order on Withdrawal of Appeal
- Outcome
- Appeal withdrawn by consent with no orders as to costs.
- Judges
- DK Musinga, MSA Makhandia, F Sichale
- Legal Topics
- Withdrawal of Appeal, Consent Orders, Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Trassilla Wangari
Appellant
Caroline Nyathira Mwangi (sued as the Administrators of the estate of the late Peter Mwangi Mahindu)
Appellant
Greystones Development Limited
Respondent
Procedural Posture
Civil Appeal / Order on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether any order as to costs should be made upon withdrawal.
Ratio Decidendi
The Court of Appeal, upon being satisfied that the parties had reached a consent to withdraw the appeal and that there was no contest as to costs, marked the appeal as withdrawn with no orders as to costs. The court's order was based on the mutual agreement of the parties and the applicable procedural rules allowing for withdrawal of appeals by consent.
Court Disposition
Appeal withdrawn by consent with no orders as to costs.
Orders
- By consent this appeal be and is hereby marked as withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Wangari & another v Greystones Development Limited (Civil Appeal 85 of 2018) [2021] KECA 69 (KLR) (8 October 2021) (Order)
Neutral citation number: [2021] KECA 69 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal No. 85 of 2018
DK Musinga, MSA Makhandia & F Sichale, JJA
October 8, 2021
Between
Peter Trassilla Wangari
1st Appellant
Caroline Nyathira Mwangi (sued as the Administrators of the estate of the late Peter Mwangi Mahindu)
2nd Appellant
and
Greystones Development Limited
Respondent
(Being an appeal against the ruling and order of the Environment & Land Court at Nyeri (Hon. Lady Justice L.N. Waithaka) made on 20th December, 2017 in ELC case No. 94 of 2017)
Order
1. By consent this appeal be and is hereby marked as withdrawn with no orders as to costs.
DATED AT NAIROBI THIS 8THDAY OF OCTOBER, 2021D.K. MUSINGA (P).....................................JUDGE OF APPEALASIKE MAKHANDIA.....................................JUDGE OF APPEALF. SICHALE.....................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR