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Court of AppealOtherCivil Application E102 of 2024
Ahmacha v Thuo (Civil Application E102 of 2024) [2025] KECA 1662 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal simply allowed a land appeal application to be withdrawn, setting no precedent and leaving the underlying dispute untouched.
What this practically means
#Executive summary
#This is a brief single-paragraph Order of the Court of Appeal at Nakuru (Warsame JA) dated 21 October 2025 in Civil Application E102 of 2024. The applicants, Yusuf Juma Ahmacha and another, had moved the Court by an application dated 4 November 2024 seeking extension of time and leave to appeal out of time against a ruling of the Environment & Land Court at Nakuru (Ombwayo J) delivered on 6 June 2024 in ELC No. 240 of 2014. Before the application could be determined on its merits, the applicants filed a notice of withdrawal dated 8 July 2025. Acting on that notice, the Court allowed the application to be withdrawn and made no order as to costs. There is no determination of the extension-of-time merits, no consideration of any grounds, and no pronouncement on the underlying land dispute; the ruling below is neither affirmed nor disturbed. No authorities are cited and no legal principles are laid down. The document is a procedural order, not a reasoned judgment, and accordingly it establishes no binding proposition for lower courts. It is useful only as evidence of the withdrawal and of the costs position in this application.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application dated 4th November 2024 is withdrawn following the applicant's notice of withdrawal dated 8th July 2025, with no orders as to costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment & Land Court at Nakuru
- ELC No. 240 of 2014
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal under rule extending time for filing appeal (application for extension of time and leave to appeal out of time); specific provision not stated in the order.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Following the applicants notice of withdrawal dated 8th July 2025, the application dated 4th November, 2024 is withdrawn with no orders to cost.
Issues in the judgment
#minor
The costs order is worded as 'no orders to cost' rather than the standard 'no orders as to costs'; recorded as printed in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ahmacha v Thuo (Civil Application E102 of 2024) [2025] KECA 1662 (KLR)", Case Analysis (2025). Civil Application E102 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1662/eng@2025-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.