Orwa v Akinyi (Civil Application E107 of 2022)

Orwa v Akinyi (Civil Application E107 of 2022) [2022] KECA 1070 (KLR) (12 October 2022) (Ruling) Neutral citation: [2022] KECA 1070 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPLICATION E107 OF 2022 JM NGUGI, JA OCTOBER 12, 2022 BETWEEN JAMES OUMA ORWA ............................................................................. APPLICANT AND ROSE VIOLET AKINYI ...................................................................... RESPONDENT (Being an application to extend time to file an appeal from the judgment of Justice A. O. Ombwayo delivered on the 5th August, 2022) in Kisumu ELC Misc. Case No. 4 of 2016) RULING 1. The Applicant, James Ouma Orwa, moved the Court by way of Notice of Motion dated August 23, 2022. In the main, it seeks for leave for the Applicant to le an appeal out of time. 2. The Application was scheduled for hearing on October 12, 2021. The Hearing Notice and instructions on hearing were served on the Applicants’ and Respondent’s Counsel by email on October 5, 2022. 3. The Respondent has not led any response to the Application. 4. On the scheduled date for hearing, the Applicant’s counsel led a Notice of Withdrawal of the Application. Under Rule 54 of the Court of Appeal Rules an Applicant is permitted to apply for leave to withdraw an application led at any time. 5. In the circumstances, the Application is hereby marked as withdrawn with no order as to costs. 6. Orders accordingly. DATED AND DELIVERED AT KISUMU THIS 12TH DAY OF OCTOBER, 2022. JOEL NGUGI ............................ https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1070/eng@2022-10-12 1

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