[2015] KEHC 7603 (KLR)
The court held that since the petition was undefended and the petitioner had filed a proper notice of withdrawal signed by both herself and her advocates, there was no prejudice to any party. Therefore, the petition could be marked as withdrawn, and there would be no order as to costs. The withdrawal effectively...
Source-derived case information.
- Citation
- [2015] KEHC 7603 (KLR)
- Parties
- Petitioner: E W M; Respondent: SM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 81 of 2014
- Procedural Posture
- Divorce Cause / Withdrawal Before Judgment
- Outcome
- petition withdrawn
- Judges
- DN Musyoka
- Legal Topics
- Divorce Petition, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E W M
Petitioner
SM
Respondent
Procedural Posture
Divorce Cause / Withdrawal Before Judgment
Legal Issues
- 1 Whether the petitioner is entitled to withdraw the divorce petition before judgment is delivered.
- 2 Whether any party would be prejudiced by the withdrawal of the petition.
Ratio Decidendi
The court held that since the petition was undefended and the petitioner had filed a proper notice of withdrawal signed by both herself and her advocates, there was no prejudice to any party. Therefore, the petition could be marked as withdrawn, and there would be no order as to costs. The withdrawal effectively terminated the proceedings without the need for a substantive judgment on the merits of the petition.
Court Disposition
petition withdrawn
Orders
- The petition dated 11th April 2014 is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
DIVORCE CAUSE NO. 81 OF 2014
BETWEEN
E W M………………………….…...PETITIONER
AND
SM……………..........…………….RESPONDENT
RULING
The Deputy Registrar certified on 31st July 2014 that the pleadings herein were in order and directed that the matter was to proceed as an undefended cause.
The matter was fixed for hearing on 23rd October 2014. It was placed before me on the appointed date, and the petitioner proceeded to state her case against the respondent. I reserved the matter for judgment on 23rd January 2015.
Two days to the date of the delivery of the judgment, that is to say on 21st January 2015, the petitioner filed a Notice of Withdrawal dated 10th January 2015, intimating to the court that she was withdrawing the petition dated 11th April 2014. The Notice was signed by the petitioner personally and by her advocates. Its effect was to stop the court from rendering a decision on the petition.
The petition is undefended, nobody would be prejudiced by its withdrawal. Consequently, I am moved to mark the petition herein dated 11th April 2014 as withdrawn. There shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 31ST DAY OF JULY, 2015.
W MUSYOKA
JUDGE
In the presence of Ms. Luyayi for Mr. Mugambi advocate for the petitioner