[2024] KEHC 11540 (KLR)

[2024] KEHC 11540 (KLR)

The court allowed the oral application by the applicant's counsel to withdraw the notice of motion dated 12.6.2024. The withdrawal was granted as there was no objection, and the court exercised its discretion to mark the file as closed, thereby bringing the matter to an end. The decision was guided by the principle...

Source-derived case information.

Citation
[2024] KEHC 11540 (KLR)
Parties
Plaintiff: Joseph Were Dol; Defendant: Protas Otieno Apida
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Case E244 of 2024
Procedural Posture
Civil Case / Ruling on Withdrawal of Notice of Motion
Outcome
Notice of motion withdrawn; file closed.
Judges
MS Shariff
Legal Topics
Withdrawal of Application, Notice of Motion, Case Closure
Source Language
en
Civil Procedure Withdrawal of Application Notice of Motion Case Closure

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Parties

Joseph Were Dol

Plaintiff

Protas Otieno Apida

Defendant

Procedural Posture

Civil Case / Ruling on Withdrawal of Notice of Motion

Legal Issues

  1. 1 Whether the notice of motion dated 12.6.2024 should be withdrawn as requested by the applicant.
  2. 2 Whether the file should be marked as closed following the withdrawal.

Ratio Decidendi

The court allowed the oral application by the applicant's counsel to withdraw the notice of motion dated 12.6.2024. The withdrawal was granted as there was no objection, and the court exercised its discretion to mark the file as closed, thereby bringing the matter to an end. The decision was guided by the principle that parties are entitled to withdraw their applications with leave of court, and the court may issue appropriate orders to reflect the withdrawal and finality of proceedings.

Court Disposition

Notice of motion withdrawn; file closed.

Orders

  • The Notice of Motion dated 12.6.2024 is hereby marked as withdrawn.
  • This file is marked as closed.