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Court of AppealOtherCivil Application E107 of 2022· [2022] KECA 1070 (KLR)
Orwa v Akinyi (Civil Application E107 of 2022)
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·~1 min to read original · ~4 min briefThe bottom line
#A Court of Appeal applicant withdrew his bid to appeal late, and the court let him walk away without paying the other side's costs.
What this practically means
#Executive summary
#This short ruling of the Court of Appeal at Kisumu, delivered by Joel Ngugi, JA, on 12 October 2022, disposed of a Notice of Motion dated 23 August 2022 by which James Ouma Orwa sought leave to file an appeal out of time against the judgment of A. O. Ombwayo, J, delivered on 5 August 2022 in Kisumu ELC Misc. Case No. 4 of 2016. The respondent filed no response to the application. When the matter came up for hearing on 12 October 2022, the applicant's counsel filed a Notice of Withdrawal of the application. The court noted that under Rule 54 of the Court of Appeal Rules an applicant is permitted to apply for leave to withdraw an application filed at any time, and accordingly marked the application as withdrawn with no order as to costs. The court made no determination on the merits of the proposed extension of time or the intended appeal, and did not disturb the decision of the Environment and Land Court. The ruling establishes no substantive precedent beyond the routine application of Rule 54 on withdrawal, and its only practical significance is the disposal of this particular application without costs.
Key legal issues
#01
Withdrawal of an application under Rule 54
Holding
The application was marked as withdrawn upon the applicant's notice of withdrawal, with no order as to costs.
Reasoning
The applicant's counsel filed a Notice of Withdrawal on the scheduled hearing date. Rule 54 permits withdrawal of an application at any time. The respondent had filed no response. The court accordingly marked the application withdrawn and made no order as to costs.
p. 1
Legal principles established
#- Under Rule 54 of the Court of Appeal Rules, an applicant is permitted to apply for leave to withdraw an application filed at any time.
Court orders
#- 1.The Application is marked as withdrawn with no order as to costs
- On appeal from
- Environment and Land Court, Kisumu
- Kisumu ELC Misc. Case No. 4 of 2016
- Jurisdiction invoked
- Rule 54 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Orwa v Akinyi (Civil Application E107 of 2022)", Case Analysis (2022). Civil Application E107 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1070/eng@2022-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.