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Court of AppealOtherCivil Appeal (Application) E438 of 2023
Foam Plastics Ltd & 2 others v Suleiman Consult Ltd & 3 others
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·~1 min to read original · ~4 min briefThe bottom line
#Foam Plastics withdrew its Court of Appeal application for more time to appeal and a stay, with each side bearing its own costs.
What this practically means
#Executive summary
#This is a brief single-judge Order of the Court of Appeal at Nairobi, delivered by Lessit JA on 25 September 2026, disposing of an interlocutory application rather than an appeal on the merits. The applicants, Foam Plastics Limited and two individuals, had moved the Court by an application dated 7 September 2023, brought under rules 4 and 5(2)(b) of the Court of Appeal Rules, 2022, seeking leave to file a notice of appeal, memorandum of appeal and record of appeal out of time, together with a stay of execution of the judgment and decree of the Environment and Land Court at Nairobi (Oguttu Mboya J.) delivered on 9 March 2023 in E.L.C. Case No. E284 of 2021. Before the application was heard, the applicants filed a notice of withdrawal dated 19 September 2023 under rules 98(1) and 25(1) of the Rules, seeking to withdraw the application. The court acceded to that request and, invoking rule 54 of the Rules, marked the notice of motion as withdrawn. It made no orders as to costs, meaning each party bears its own costs of the application. The underlying judgment of the Environment and Land Court was not disturbed, and no substantive appellate rights were determined. The order has no precedential content beyond confirming that a party may withdraw an application before the Court of Appeal and that the court may mark such an application withdrawn with no orders on costs.
Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application dated 7th September, 2023 should be marked as withdrawn following the applicants' notice of withdrawal
Key legal issues
#Legal principles established
#Court orders
#- 1.The notice of motion application dated 7th September, 2023 is marked as withdrawn under rule 54 of the Court of Appeal Rules
- 2.No orders on costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
JL
majorityWrote the judgment
- On appeal from
- Environment and Land Court at Nairobi
- E.L.C. Case No. E284 of 2021
- Jurisdiction invoked
- Rules 4 and 5(2)(b) of the Court of Appeal Rules, 2022
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.
In the premises the notice of motion application is marked as withdrawn under rule 54 of the Court of Appeal Rules, with no orders on costs.
Issues in the judgment
#minor
Judge's surname printed inconsistently: coram reads 'JW LESSIT, JA' while the signature block reads 'J. LESIIT'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Foam Plastics Ltd & 2 others v Suleiman Consult Ltd & 3 others", Case Analysis (2026). Civil Appeal (Application) E438 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1748/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.