[2024] KEHC 8350 (KLR)

[2024] KEHC 8350 (KLR)

The court allowed the withdrawal of the applicant's notice of motion applications dated 29.11.2023 and 18.12.2023. In exercising its discretion under the Civil Procedure Act and Rules, the court awarded the respondent costs assessed at Kshs.20,000 for both applications, recognizing that the respondent had incurred...

Source-derived case information.

Citation
[2024] KEHC 8350 (KLR)
Parties
Applicant: Country Farms Limited; Respondent: Alios Finance Kenya Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E035 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Applications and Costs
Outcome
Applications withdrawn; costs awarded to respondent; file closed.
Judges
MS Shariff
Legal Topics
Withdrawal of Application, Costs Award
Source Language
en
Civil Procedure Withdrawal of Application Costs Award

Source-derived case record

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Parties

Country Farms Limited

Applicant

Alios Finance Kenya Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Withdrawal of Applications and Costs

Legal Issues

  1. 1 Whether the applicant's notice of motion applications should be withdrawn.
  2. 2 Whether the respondent is entitled to costs upon withdrawal of the applications.

Ratio Decidendi

The court allowed the withdrawal of the applicant's notice of motion applications dated 29.11.2023 and 18.12.2023. In exercising its discretion under the Civil Procedure Act and Rules, the court awarded the respondent costs assessed at Kshs.20,000 for both applications, recognizing that the respondent had incurred expenses in responding to the withdrawn matters. The file was ordered closed, bringing the proceedings to an end.

Court Disposition

Applications withdrawn; costs awarded to respondent; file closed.

Orders

  • The applicant’s notice of motion applications dated 29.11.2023 and 18.12.2023 are marked as withdrawn.
  • The respondent is awarded costs assessed at Kshs.20,000 for both applications.