Kubai v Mathu & another [2021] KECA 279 (KLR)

Kubai v Mathu & another (Civil Application 63 of 2020) [2021] KECA 279 (KLR) (3 December 2021) (Ruling)

Neutral citation number: [2021] KECA 279 (KLR)

Republic of Kenya

In the Court of Appeal at Mombasa

Civil Application 63 of 2020

JW Lessit, JA

December 3, 2021

Between

Jane Njoki Kubai alias Jane Njoki Mayer

Applicant

and

James Kubai Mathu

1st Respondent

Housing Finance Co. Limited

2nd Respondent

(An application for extension of time to file and serve Notice of Appeal and Record of Appeal against the Ruling and Order of the High Court of Kenya at Mombasa (Yano, J.) dated 14th March, 2018 in HCCC No. 25 of 2011)

Ruling

1. The notice of motion application dated 24th August 2020 was coming up for hearing on 19th October 2021. It was seeking leave for the firm of Christine Munasye & Associates Advocates to come on Record and act for the applicants in this application and intended appeal.

2. It also sought leave to extend time for filing the Appeal against the whole ruling and order of the High Court of Kenya at Mombasa dated 14th March, 2018 in HCC No. 25 of 2011. However, by a letter dated 30. 10. 2021 (sic) to this court’s Deputy Registrar, the applicant’s advocates informed the court that the applicant wishes to withdraw her application in its entirety with no orders as to costs. On that note, they requested that the matter be taken out of the day’s cause list.

3. Accordingly, the Notice of Motion application dated 24TH August 2020 is returned to the registry for dates once the applicant makes a formally writes or applies to withdraw her application.

DATED AND DELIVERED AT NAIROBI THIS 3RD DAY OF DECEMBER, 2021. J. LESIIT…………………...……..JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR