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K-REP Bank Ltd v George A. Sino T/A Jone Brooks Cons. Ltd [2012] KEHC 1851 (KLR)

[2012] KEHC 1851 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1851
Citation
[2012] KEHC 1851 (KLR)
Decided
15 October 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks to have the appeal struck out with costs.CoramH.K. CHEMITEI
Holding

The application to strike out the appeal is allowed, and the respondent can still ventilate its issues in Appeal No. 390/2011.

Facts

Respondent filed a notice to withdraw the appeal on 26-7-2012, and the application was not opposed when it came up for hearing on 1-10-2012.

Issues

  1. Withdrawal of appeal
  2. Confusion for the respondent

Reasoning

The respondent withdrew the appeal on 26-7-2012, and the application was not opposed. The judge is satisfied that the application is meritorious.

Outcome

Appeal allowed

Orders

  • Costs of the application and the entire struck out appeal shall be awarded to the applicant.
  • The orders shall apply to Appeals No. 141/2-11, 142/2011, and 143/2011.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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