Golden Cara Investments Limited & 1 other v Grace Ventures Limited

Golden Cara Investments Limited & 2 others v Grace Ventures Limited (Civil Appeal E113 of 2025) [2025] KEHC 14174 (KLR) (7 October 2025) (Ruling) Neutral citation: [2025] KEHC 14174 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CIVIL APPEAL E113 OF 2025 SM MOHOCHI, J OCTOBER 7, 2025 BETWEEN GOLDEN CARA INVESTMENTS LIMITED ................................ 1ST APPELLANT MOHAMED FARAH ABDI & ANOTHER .................................... 2ND APPELLANT AND GRACE VENTURES LIMITED ......................................................... RESPONDENT RULING 1. On the 18th of September, 2025 the Appellants’ Counsel Mr. Isaac Rene informed the Court that the Appellants filed a Notice of Withdrawal of Appeal on the 27th May, 2025 and that the Court should allow the same with no orders as to costs. 2. Mrs. Mukira for the Respondent conceded to the Appeal being marked as withdrawn but agitated for costs. She informed the Court that the Appeal is opposed and that she had on behalf of the Respondent filed a detailed affidavit on the 26th August, 2025. 3. The Court adjourned to confirm the position from the CTS owing to the paperless strategy and I have so far perused the e-file. 4. This Court confirms that the Respondent never entered appearance let alone file any affidavit. 5. The Court takes a dim view of advocates who misled the Court on factual details. 6. I have no hesitation to allow the withdrawal of the appeal with no costs. It is so ordered. SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 7TH DAY OF OCTOBER, 2025. .............................................. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14174/eng@2025-10-07 1

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