Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E018 of 2023) [2024] KECA 32 (KLR) (26 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 32
- Citation
- [2024] KECA 32 (KLR)
- Decided
- 26 January 2024
The respondent’s notice of appeal is deemed as withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022 with costs to the applicant.
Facts
The applicant, Isaac Onyango & Company Advocates, sought orders that the respondent’s Notice of Appeal be marked as withdrawn or struck out with costs. The respondent, Hakika Transport Services Limited, opposed the motion, claiming that the notice of appeal was not a delaying tactic and that the intended appeal had a high chance of success.
Issues
- Whether the respondent’s Notice of Appeal should be marked as withdrawn or struck out with costs
- Whether the respondent’s application for extension of time to file and serve its memorandum and record of appeal was valid
Reasoning
The respondent’s application for extension of time to file and serve its memorandum and record of appeal was dismissed, rendering the notice of appeal superfluous and thus deemed as withdrawn.
Outcome
The respondent’s notice of appeal is deemed as withdrawn.
Orders
- The respondent’s notice of appeal dated 5th October 2021 and lodged on October 7, 2021 be and is hereby deemed as withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022 with costs to the applicant.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2010
- Court of Appeal Rules, 2022
Cases cited (3)
- Habo Agencies Limited vs. Wilfred Odhiambo Musingo [2016] eKLR
- Rajesh Rughani vs. Fifty Investments Limited & Another [2016] eKLR
- Patriotic Guards Limited vs. Safaricom Limited [2016] eKLR
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