[2017] KEELC 260 (KLR)
The court found that the plaintiffs had properly requested withdrawal of the suit through their advocates, and the Deputy Registrar had already marked the suit as withdrawn and awarded costs to the defendant. The court therefore directed that the file be removed from the list of pending files and the suit be removed...
Source-derived case information.
- Citation
- [2017] KEELC 260 (KLR)
- Parties
- Plaintiff: Edith Riungu; Plaintiff: Joyce Riungu; Plaintiff: Lucy Kari Mbogo; Defendant: Dinah Kaari Riungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 121 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal
- Outcome
- Suit marked as withdrawn; costs awarded to the defendant; suit removed from register of pending suits.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Award, Removal From Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edith Riungu
Plaintiff
Joyce Riungu
Plaintiff
Lucy Kari Mbogo
Plaintiff
Dinah Kaari Riungu
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal
Legal Issues
- 1 Whether the suit should be marked as withdrawn based on the applicant's request.
- 2 Whether costs should be awarded to the defendant upon withdrawal of the suit.
- 3 Whether the suit should be removed from the register of pending suits.
Ratio Decidendi
The court found that the plaintiffs had properly requested withdrawal of the suit through their advocates, and the Deputy Registrar had already marked the suit as withdrawn and awarded costs to the defendant. The court therefore directed that the file be removed from the list of pending files and the suit be removed from the register of pending suits, confirming the withdrawal and the award of costs to the defendant.
Court Disposition
Suit marked as withdrawn; costs awarded to the defendant; suit removed from register of pending suits.
Orders
- The suit is marked as withdrawn.
- Costs are awarded to the defendant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 121 OF 2017
EDITH RIUNGU...................................................1ST PLAINTIFF
JOYCE RIUNGU..................................................2ND PLAINTIFF
LUCY KARI MBOGO.........................................3RD PLAINTIFF
VERSUS
DINAH KAARI RIUNGU........................................DEFENDANT
RULING
1. The Deputy Registrar at Meru, on 27th January, 2016 marked this suit as withdrawn and costs were awarded to the defendant. The withdrawal was predicated upon a letter dated 21st September, 2012 written by the firm of A.G. and addressed to the Deputy Registrar.
2. The suit having been marked as withdrawn, it is NOW directed that this file be removed from the list of pending files and the suit be removed from the register of pending suits.
3. It is so ordered.
Delivered in open court at Chuka this 3rd day of October, 2017
in the presence of:
CA: Ndegwa
Parties not present
P.M. NJOROGE
JUDGE