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Court of AppealOtherCivil Application E036 of 2022

Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M' Narangui - Deceased) & another v Gethi & another

Court of Appeal
12 October 2022
FSF SICHALE
384 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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The applicants withdrew their own bid to appeal late, so the Court of Appeal made no decision on the merits and no costs order.

What this practically means

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Executive summary

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This is a brief ruling of the Court of Appeal at Nakuru (F Sichale JA) on a notice of motion dated June 23, 2022, brought under rules 4 and 53 of the Court of Appeal Rules, in which the applicants sought leave to file an appeal out of time against the judgment of Oundo J of the Environment & Land Court at Nyahururu delivered on November 12, 2019 and amended on May 5, 2020. The court noted that it had already dismissed a similar application on June 15, 2022 for non-attendance. When the matter came up for consideration of the respondents' grounds of opposition dated September 12, 2022, the applicants by a letter dated September 15, 2022 sought to withdraw the application. The court accordingly marked the application as withdrawn with no order as to costs. No substantive determination was made on the merits of the extension-of-time request, no authority was cited, and the decision below was not disturbed. The ruling has no precedential content beyond confirming that an applicant may withdraw a pending application, in which event the court ordinarily makes no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants' application for leave to file an appeal out of time should proceed, given the applicants' letter seeking to withdraw it

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The applicants' application dated June 23, 2022 is marked as withdrawn with no order as to costs

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    FS
    majority

    Wrote the judgment

    On appeal from
    Environment & Land Court at Nyahururu
    Nyahururu ELC Case No. 50 of 2020
    Jurisdiction invoked
    Rules 4 and 53 of the Court of Appeal Rules

    Relief refused

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    Leave to file an appeal out of time

    Application withdrawn by the applicants themselves after a similar application had been dismissed for non-attendance

    p. 2

    Costs

    No order as to costs

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    the applicants application dated June 23, 2022, is hereby marked as withdrawn with no order as to costs.
    p. 2Final orders - withdrawal of application

    Issues in the judgment

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    minor

    Cover heading cites Nyahururu ELC Case No. 50 of 2020 while the judgment appealed was delivered in 2019, suggesting a case-number discrepancy

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M' Narangui - Deceased) & another v Gethi & another", Case Analysis (2022). Civil Application E036 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1194/eng@2022-10-12

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.