Morara Apiemi & Nyangito Advocates v Nyamanyara (Appeal E168 of 2021) [2026] KEELRC 685 (KLR) (11 March 2026) (Ruling)

Facts

The Respondent/Applicant filed a notice of motion application seeking to vary and set aside an order marking the appeal as settled and closed, and to order the Appellant/Respondent to bear the costs incurred in the appeal proceedings. The application was premised on the grounds that the Appellant had no prior knowledge and did not consent to the settlement, and that the matter was just pending judgment.

Issues

1. Whether the court's order marking the appeal as settled and closed was valid
2. Whether the issue of costs was adequately addressed in the proceedings

Reasoning

The court found that the issue of costs was not a new matter and was in the knowledge of the parties from the filing of pleadings through the hearing and determination of the case. The court also found that the Advocate for the Applicant had full instructions to have the matter marked as settled.

Outcome

Application dismissed

Authorities cited