[2023] KEHC 20358 (KLR)
The court found that since the plaintiff wished to withdraw the suit and a consent order had been reached and filed, there was no basis to delay its adoption. Dr. Thinguri, who sought to be enjoined, was already a plaintiff in a similar matter before the Nairobi High Court, and his application was therefore...
Source-derived case information.
- Citation
- [2023] KEHC 20358 (KLR)
- Parties
- Plaintiff: Gure Ali Adano; Respondent: Chairman IEBC of Kenya National Chamber of Commerce & Industry; Respondent: Kenya National Chamber of Commerce & Industry; Respondent: Dr. Eric Kipkoech Rutto; Respondent: Mustafa Mohamed Ramadhan; Respondent: Stanley Kiplagat Baskwony; Respondent: George Kimiri Karanja; Respondent: John Shimaka; Respondent: Cynthia Nyawira Kamau; Respondent: Kennedy Onditi; Respondent: David Mbatiany; Respondent: Joseph Mutavi Kithu; Respondent: Abdullahi Abdi Hersi; Respondent: Hussein Mohamed Jama; Respondent: Shakir Swaleh Mohamed; Respondent: Registrar of Companies
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E003 of 2023
- Procedural Posture
- Civil Suit / Ruling on Adoption of Consent and Application to Be Enjoined
- Outcome
- Suit marked as settled upon adoption of consent; application to be enjoined dismissed as spent.
- Judges
- JN Onyiego
- Legal Topics
- Withdrawal of Suit, Adoption of Consent, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gure Ali Adano
Plaintiff
Chairman IEBC of Kenya National Chamber of Commerce & Industry
Respondent
Kenya National Chamber of Commerce & Industry
Respondent
Dr. Eric Kipkoech Rutto
Respondent
Mustafa Mohamed Ramadhan
Respondent
Stanley Kiplagat Baskwony
Respondent
George Kimiri Karanja
Respondent
John Shimaka
Respondent
Cynthia Nyawira Kamau
Respondent
Kennedy Onditi
Respondent
David Mbatiany
Respondent
Joseph Mutavi Kithu
Respondent
Abdullahi Abdi Hersi
Respondent
Hussein Mohamed Jama
Respondent
Shakir Swaleh Mohamed
Respondent
Registrar of Companies
Respondent
Procedural Posture
Civil Suit / Ruling on Adoption of Consent and Application to Be Enjoined
Legal Issues
- 1 Whether the consent order dated 11th July 2023 should be adopted as an order of the court.
- 2 Whether Dr. Thinguri's application to be enjoined should be allowed after the plaintiff's intention to withdraw the suit.
- 3 Whether the application by Dr. Thinguri is an abuse of the court process.
Ratio Decidendi
The court found that since the plaintiff wished to withdraw the suit and a consent order had been reached and filed, there was no basis to delay its adoption. Dr. Thinguri, who sought to be enjoined, was already a plaintiff in a similar matter before the Nairobi High Court, and his application was therefore unnecessary and amounted to an abuse of the court process. Upon adoption of the consent, the suit would be settled and there would be no proceedings to which Dr. Thinguri could be joined. The court therefore adopted the consent order as an order of the court, marked the suit as settled, and found Dr. Thinguri's application spent.
Court Disposition
Suit marked as settled upon adoption of consent; application to be enjoined dismissed as spent.
Orders
- The consent order dated 11th July 2023 is adopted as an order of the court.
- The suit is marked as settled.
Full Case Text
Judgment text and source record
48 paragraphs
Adano v Chairman IEBC of Kenya National Chamber of Commerce & Industry & 14 others (Civil Suit E003 of 2023) [2023] KEHC 20358 (KLR) (20 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20358 (KLR)
Republic of Kenya
In the High Court at Garissa
Civil Suit E003 of 2023
JN Onyiego, J
July 20, 2023
Between
Gure Ali Adano
Plaintiff
and
Chairman IEBC of Kenya National Chamber of Commerce & Industry
1st Respondent
Kenya National Chamber of Commerce & Industry
2nd Respondent
Dr. Eric Kipkoech Rutto
3rd Respondent
Mustafa Mohamed Ramadhan
4th Respondent
Stanley Kiplagat Baskwony
5th Respondent
George Kimiri Karanja
6th Respondent
John Shimaka
7th Respondent
Cynthia Nyawira Kamau
8th Respondent
Kennedy Onditi
9th Respondent
David Mbatiany
10th Respondent
Joseph Mutavi Kithu
11th Respondent
Abdullahi Abdi Hersi
12th Respondent
Hussein Mohamed Jama
13th Respondent
Shakir Swaleh Mohamed
14th Respondent
Registrar of Companies
15th Respondent
Ruling
1. I have considered the application by Dr. Thinguri that the intended adoption of the consent agreement filed herein be suspended until his application dated 19-7-2023 is heard and determined. M/s Waihenya, Mr. Oguttu and Mr. Kihara who are in support of the adoption of the consent are of the view that Dr. Thinguri’s application is overtaken by events as there will be no suit to be enjoined to upon adoption of the consent.
2. That in any event Dr. Thinguri is already a plaintiff in Petition number E118/2023 Nairobi High Court where the subject matter similar to this one is still alive. Dr. Thinguri admitted the fact that he is the plaintiff in the Nairobi Suit which touches on the same subject and that his lawyer Mr. Oguttu had misled him. Having taken into account that the plaintiff herein wishes to withdraw his case, he cannot be forced to hang on.
3. Secondly, upon adoption of the consent order, there will be no suit upon which Dr. Thinguri will litigate. In any event, he is already a happy plaintiff in the Nairobi case. His application is just but an abuse of the Court process.
4. Accordingly, the consent order herein dated 11th July,2023 is adopted as an order of the court. The suit is therefore marked as settled. Dr. Thinguri’s application is therefore spent as there is no suit in place.
5. Regarding costs, the same is covered in the consent only in so far as it affects the signatories to the consent.
J. N. ONYIEGOJUDGE