Mohammed Juma Ponda (citor) v Watenya Wa Murambi Ramadhan (deceased)
The bottom line
#Kenya's Court of Appeal ruled you cannot win court orders through arguments alone; you must file a formal Notice of Motion for each relief you seek.
What this practically means
#Executive summary
#Key legal issues
#Whether withdrawal of an application may be effected on counsel's request and inherent jurisdiction
Yes - the court has inherent jurisdiction under Rule 42 of the Court of Appeal Rules and Section 3A of the Civil Procedure Act to allow counsel to mark an application withdrawn in the interest of justice.
The applicant acknowledged that the Motion of 18th July 2025, which sought only substitution, was premature because revival of the abated appeal had not first been sought. Counsel orally sought leave to withdraw it. The court, exercising its inherent jurisdiction in the interest of justice, deemed the Motion withdrawn with no orders as to costs.
Whether the court could grant extension of time, revival of the abated appeal and substitution without a formal motion
No - such substantive reliefs require a formal Notice of Motion and cannot be granted on the basis of submissions.
Counsel addressed the court on extension of time and revival of the abated appeal in written submissions, but filed no corresponding Notice of Motion. The court held that submissions cannot substitute for a formal application, and that withdrawing the only pending motion (which carried a substitution prayer) left nothing on which orders of substitution could rest.
Legal principles established
#- Applications must be brought by formal Notice of Motion; a party cannot obtain substantive orders through written submissions alone.
Court orders
#- 1.The Notice of Motion dated 18th July 2025 is marked as withdrawn on application by counsel for the applicant
- 2.No orders on costs
- On appeal from
- null
- null
- Jurisdiction invoked
- Rule 42 of the Court of Appeal Rules and Section 3A of the Civil Procedure Act (inherent jurisdiction to allow withdrawal of an application)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed Juma Ponda (citor) v Watenya Wa Murambi Ramadhan (deceased)", Case Analysis (2026). Civil Application (Kisumu) - Motion dated 18th July 2025 (application dated 11th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/617/eng@2026-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.