[2015] KECA 37 (KLR)
The Court of Appeal granted leave to the applicants to withdraw their application as requested. The court considered the respondents' submissions that they had incurred costs in preparing responses and attending court without notice of withdrawal. Exercising its discretion under Rule 52 of the Court of Appeal Rules,...
Source-derived case information.
- Citation
- [2015] KECA 37 (KLR)
- Parties
- Applicant: Wellington Lusweti Barasa & 74 Others; Respondent: Lands Limited; Respondent: Kibogy Properties Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Application 19 of 2015
- Procedural Posture
- Civil Application / Application for Leave to Withdraw Application Before the Court of Appeal
- Outcome
- Application withdrawn with costs to the respondents.
- Judges
- DK Musinga
- Legal Topics
- Withdrawal of Application, Costs Award, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wellington Lusweti Barasa & 74 Others
Applicant
Lands Limited
Respondent
Kibogy Properties Limited
Respondent
Procedural Posture
Civil Application / Application for Leave to Withdraw Application Before the Court of Appeal
Legal Issues
- 1 Whether the applicants should be granted leave to withdraw their application for leave to appeal to the Supreme Court.
- 2 Whether the respondents are entitled to costs upon withdrawal of the application.
Ratio Decidendi
The Court of Appeal granted leave to the applicants to withdraw their application as requested. The court considered the respondents' submissions that they had incurred costs in preparing responses and attending court without notice of withdrawal. Exercising its discretion under Rule 52 of the Court of Appeal Rules, the court marked the application as withdrawn and awarded costs of the withdrawn application to the respondents.
Court Disposition
Application withdrawn with costs to the respondents.
Orders
- Leave granted to withdraw the application dated 11th May, 2015.
- Application dated 11th May, 2015 marked as withdrawn under rule 52 of the Court of Appeal Rules.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA MUSINGA & GATEMBU JJ.A)
CIVIL APPLICATION N0. 19 OF 2015 (UR 15/2015)
IN THE MATTER OF INTENDED CIVIL APPEAL
IN THE SUPREME COURT
BETWEEN
WELLINGTON LUSWETI BARASA & 74 OTHERS……………..APPLICANTS
AND
LANDS LIMITED…………………………………………..…..1ST RESPONDENT
KIBOGY PROPERTIES LIMITED…………………..….……..2ND RESPONDENT
(An Application for leave to appeal to the Supreme Court of Kenya arising from the Ruling of the Court of Appeal at Eldoret (Hon. D.K. Maraga, Hon. D.K. Musinga and Hon. S. Gatembu Kairu, FCIArb) dated 8th May, 2015
in
CIVIL APPLICATION NO.14 OF 2015)
****************************
ORDER OF THE COURT
Mr Okara, learned counsel holding brief for Mr Omondi for the applicants has sought leave to withdraw the application dated 11th May, 2015 with no order as to costs.
Both Mr Kiarie and Mr Kibii, learned counsel for the respondents respectively, have no objection but have urged the court to them costs of the application. They explained that they had filed their papers in response to the application now sought to be withdrawn and they had also prepared themselves for it, having not been given any notice of the intended application for withdrawal.
In the circumstances, we grant leave to the applicants to withdraw the application as prayed. Consequently, the application dated 11th May, 2015 is marked as withdrawn under rule 52 of the Court of Rules.
The respondents are awarded costs of the withdrawn application.
Dated at Eldoret this 24th day of June, 2015.
D.K.MARAGA
………………………..
JUDGE OF APPEAL
D.K. MUSINGA
…………………………..
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
…………………………………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR