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Court of AppealOtherCivil Appeal No. 75 of 2014 (UR 53/2014)· [2015] KECA 43 (KLR)
Simon Njuguna Macharia & another v Gush Jumbo Hardware & Paints Limited [2015] KECA 43 (KLR)
Court of Appeal of Kenya
8 May 2015
183 words in judgment
AI-assisted case brief
·~1 min to read original · ~4 min briefThe bottom line
#The parties settled their entire dispute, so the Court of Appeal let them withdraw the stay application by consent, with each side bearing its own costs.
What this practically means
#Executive summary
#This document from the Court of Appeal at Eldoret, coram Musinga, Gatembu Kairu and Murgor, JJ.A, is a short order by consent rather than a reasoned appellate judgment. It arises from Civil Appeal No. 75 of 2014 (UR 53/2014), in which Simon Njuguna Macharia and Kennedy Mokua trading as Moco Auctioneers sought stay of execution of a ruling and order of the High Court of Kenya at Kisii (S. Okongo, J) dated 21st November 2014 in H.C.C. No. 354 of 2014. On 8th May 2015, learned counsel for both parties jointly informed the court that the entire dispute between the parties had been settled and consented to the withdrawal of the application dated 24th September 2014. The court accordingly marked the application as withdrawn under rule 52 of the Court's orders with no orders as to costs. No substantive issue of law was determined; there is no decision on the merits of the stay or of the underlying dispute, and the decision below was neither affirmed nor disturbed. As a consent withdrawal, the document sets no binding precedent and carries little quotable authority beyond the routine practice of recording consensual withdrawals with no order as to costs. Advocates may cite it only illustratively, not as authority on the test for stay of execution.
Key legal issues
#01
Withdrawal by consent of a stay application upon settlement of the dispute
Holding
The application was marked withdrawn under rule 52 of the Court's orders with no orders as to costs
Reasoning
Counsel for both parties jointly informed the court that the entire dispute between the parties had been settled and consented to the withdrawal of the application dated 24th September 2014. On that consent, the court recorded the withdrawal and made no order as to costs. No substantive determination of the stay application or of the underlying dispute was made.
p. 1
Legal principles established
#- Where parties settle a dispute before the Court of Appeal, an interlocutory application may be withdrawn by consent under rule 52 of the Court's orders, ordinarily with no orders as to costs
Court orders
#- 1.The application dated 24th September 2014 was marked as withdrawn under rule 52 of the orders of the Court
- 2.No orders as to costs
- On appeal from
- High Court of Kenya at Kisii
- H.C.C. No. 354 of 2014
- Jurisdiction invoked
- Application for stay of execution of a High Court ruling, made under the Court of Appeal's appellate jurisdiction (rule 52 of the Court's orders is referenced for the withdrawal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Simon Njuguna Macharia & another v Gush Jumbo Hardware & Paints Limited [2015] KECA 43 (KLR)", Case Analysis (2015). Civil Appeal No. 75 of 2014 (UR 53/2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/43/eng@2015-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.