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Court of AppealOtherCivil Application E036 of 2022· [2022] KECA 1194 (KLR)
Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M' Narangui - Deceased) & another v Gethi & another
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·~2 min to read original · ~4 min briefThe bottom line
#The applicants withdrew their own bid to appeal late, so the Court of Appeal made no decision on the merits and no costs order.
What this practically means
#Executive summary
#This is a brief ruling of the Court of Appeal at Nakuru (F Sichale JA) on a notice of motion dated June 23, 2022, brought under rules 4 and 53 of the Court of Appeal Rules, in which the applicants sought leave to file an appeal out of time against the judgment of Oundo J of the Environment & Land Court at Nyahururu delivered on November 12, 2019 and amended on May 5, 2020. The court noted that it had already dismissed a similar application on June 15, 2022 for non-attendance. When the matter came up for consideration of the respondents' grounds of opposition dated September 12, 2022, the applicants by a letter dated September 15, 2022 sought to withdraw the application. The court accordingly marked the application as withdrawn with no order as to costs. No substantive determination was made on the merits of the extension-of-time request, no authority was cited, and the decision below was not disturbed. The ruling has no precedential content beyond confirming that an applicant may withdraw a pending application, in which event the court ordinarily makes no order as to costs.
Key legal issues
#Legal principles established
#Court orders
#- 1.The applicants' application dated June 23, 2022 is marked as withdrawn with no order as to costs
- On appeal from
- Environment & Land Court at Nyahururu
- Nyahururu ELC Case No. 50 of 2020
- Jurisdiction invoked
- Rules 4 and 53 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M' Narangui - Deceased) & another v Gethi & another", Case Analysis (2022). Civil Application E036 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1194/eng@2022-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.