AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherCivil Appeal 85 of 2018· [2021] KECA 69 (KLR)
Wangari & another v Greystones Development Limited (Civil Appeal 85 of 2018) [2021] KECA 69 (KLR)
AI-assisted case brief
·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal let both sides walk away: the appeal was withdrawn by consent, with nobody paying the other side's legal costs.
What this practically means
#Executive summary
#This document is a short consent order of the Court of Appeal at Nyeri (Civil Appeal 85 of 2018) dated 8 October 2021, delivered by a bench comprising D.K. Musinga (Presiding), M.S. Asike-Makhandia and F. Sichale, Judges of Appeal. The appeal had been lodged against a ruling and order of the Environment & Land Court at Nyeri (L.N. Waithaka, J) made on 20 December 2017 in ELC Case No. 94 of 2017. Rather than determining the appeal on its merits, the court, by consent of the parties, marked the appeal as withdrawn and made no order as to costs. There is no reasoning, no determination of any issue, and no separate judicial opinions; the document records a single order of the full bench. Because the appeal was withdrawn and not decided, the decision of the Environment and Land Court remains undisturbed, and this order sets no precedent and creates no binding proposition for lower courts. Practitioners should note only that an appeal may be withdrawn by consent with no order as to costs.
Key legal issues
#Legal principles established
#Court orders
#- 1.This appeal be and is hereby marked as withdrawn with no orders as to costs, by consent
- On appeal from
- Environment & Land Court at Nyeri
- ELC Case No. 94 of 2017
- Jurisdiction invoked
- Not stated in the document (Court of Appeal appellate jurisdiction under the Constitution and the Court of Appeal Act implied by the appeal's institution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wangari & another v Greystones Development Limited (Civil Appeal 85 of 2018) [2021] KECA 69 (KLR)", Case Analysis (2021). Civil Appeal 85 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/69/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.