Meitamei v Leshan & 2 others (Civil Application E127 of 2025) [2026] KECA 538 (KLR)
The bottom line
#The Court of Appeal allowed an applicant to withdraw an appeal-extension application without any costs penalty since nobody objected.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant's notice of motion dated 24th November 2025 seeking leave to file a notice of appeal out of time should be marked as withdrawn following the notice of withdrawal dated 2nd February 2026, and on what costs terms
Key legal issues
#Whether an unopposed application for extension of time to file a notice of appeal may be marked as withdrawn on the applicant's notice of withdrawal
Yes. The applicant filed a notice of withdrawal and the respondents filed no response, so the court marked the application as withdrawn with no order as to costs rather than determining the leave prayer on its merits.
The court recorded that the motion of 24th November 2025 came up for the leave prayer, but a notice of withdrawal dated 2nd February 2026 by Mongeri & Company Advocates was on record. With no response or objection from the respondents' advocates, there was nothing contested before the court, and the administrative course was to allow the withdrawal on the applicant's own terms (no order as to costs). No merits determination was made.
Legal principles established
#- Where an applicant has filed a notice of withdrawal and the respondent has filed no response or objection, the court may mark the application as withdrawn with no order as to costs without a contested hearing.
Court orders
#- 1.The applicant's notice of motion dated 24th November 2025 was marked as withdrawn with no order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent procedural jurisdiction of the Court of Appeal to mark an application as withdrawn upon notice of withdrawal by the applicant
Relief refused
#Leave to file a notice of appeal out of time (sought by the motion, not granted on merits)
The application was withdrawn by the applicant before determination, so the court made no ruling on the merits of the leave prayer
Costs
No order as to costs - the application was withdrawn with no order as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, in the absence of any objection by the respondent’s advocates, the said application is hereby marked as withdrawn with no order as to costs.
The applicant’s notice of motion dated 24th November 2025 came up before me for hearing and determination of the prayer for leave to file a notice of appeal out of time.
Issues in the judgment
#The document is a two-paragraph ruling on a notice of withdrawal, not a substantive appellate judgment; it names no parties, case number, or lower-court decision, so most brief fields cannot be populated from the text.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Meitamei v Leshan & 2 others (Civil Application E127 of 2025) [2026] KECA 538 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/538/eng@2026-03-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.