[2020] KEHC 1211 (KLR)
The applicant, having filed a notice of withdrawal before the substantive hearing of the judicial review application, is entitled to withdraw the suit as of right. The court, exercising its discretion, found no reason to award costs to any party and accordingly marked the suit as withdrawn with no order as to costs....
Source-derived case information.
- Citation
- [2020] KEHC 1211 (KLR)
- Parties
- Applicant: Eliud Njua Njuma; Respondent: Registrar of Societies; Paul Watoro Gichu; Josphat Gikunda M'Nkanata; Stanley Mburu Mwangi; Benard Maina Mwangi; Bertha Nyambura Mwangi; Stanley Muthomi; Nicholetta Waithira Mwaura; Registered Trustees of the Africa Independent Pentecostal Church of Africa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1125 of 2020
- Procedural Posture
- Judicial Review Application / Withdrawal of Suit Before Hearing of Stay Application
- Outcome
- Suit withdrawn with no order as to costs.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Njua Njuma
Applicant
Registrar of Societies
Respondent
Paul Watoro Gichu
Josphat Gikunda M'Nkanata
Stanley Mburu Mwangi
Benard Maina Mwangi
Bertha Nyambura Mwangi
Stanley Muthomi
Nicholetta Waithira Mwaura
Registered Trustees of the Africa Independent Pentecostal Church of Africa
Procedural Posture
Judicial Review Application / Withdrawal of Suit Before Hearing of Stay Application
Legal Issues
- 1 Whether the applicant's notice of withdrawal effectively terminates the judicial review proceedings.
- 2 Whether any orders as to costs should be made upon withdrawal.
Ratio Decidendi
The applicant, having filed a notice of withdrawal before the substantive hearing of the judicial review application, is entitled to withdraw the suit as of right. The court, exercising its discretion, found no reason to award costs to any party and accordingly marked the suit as withdrawn with no order as to costs. The case was thus closed without further proceedings or determination on the merits.
Court Disposition
Suit withdrawn with no order as to costs.
Orders
- The suit is hereby marked as withdrawn with no order as to costs, and this case is accordingly closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the Applicant by electronic mail by close of business on Thursday, 19th November 2020.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1125 OF 2020
BETWEEN
ELIUD NJUA NJUMA...........................................................APPLICANT
VERSUS
REGISTRAR OF SOCIETIES...................................1ST RESPONDENT
AND
PAUL WATORO GICHU...............................1ST INTERESTED PARTY
JOSPHAT GIKUNDA M'NKANATA...........2ND INTERESTED PARTY
STANLEY MBURU MWANGI.....................3RD INTERESTED PARTY
BENARD MAINA MWANGI.......................4TH INTERESTED PARTY
BERTHA NYAMBURA MWANGI...............5TH INTERESTED PARTY
STANLEY MUTHOMI…...............................6TH INTERESTED PARTY
NICHOLETA WAITHIRA MWAURA.........7TH INTERESTED PARTY
REGISTERED TRUSTEES OF THE
AFRICA INDEPENDENT PENTECOSTAL
CHURCH OF AFRICA.................................8TH INTERESTED PARTY
RULING NO 3
1. This Court granted leave to the Applicant herein to commence judicial review proceedings against the Respondent, and on 6th November 2020, this Court directed that the prayer in his Chamber Summons dated 3rd November 2020 that the leave operates as a stay of the Respondent’s impugned decision be heard inter partes. The said prayer for stay was to be heard today.
2. Upon perusal of the Court record, I note that the Applicant has since filed a Notice of Withdrawal dated 10th November 2020, seeking to withdraw this suit in total.
1. In the premises, I hereby order as follows:
I.The suit is hereby marked as withdrawn with no order as to costs, and this case is accordingly closed.
II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the Applicant by electronic mail by close of business on Thursday, 19th November 2020.
2. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 19TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE