[2025] KEHC 2964 (KLR)
The court allowed the oral withdrawal of the application on the basis that the applicant had died before the matter could be heard. The court exercised its discretion not to award costs against the bereaved family, noting that it would be unjust to do so where the matter had not proceeded to hearing. The file was...
Source-derived case information.
- Citation
- [2025] KEHC 2964 (KLR)
- Parties
- Applicant: GOO; Respondent: MA
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Matrimonial Case E011 of 2024
- Procedural Posture
- Matrimonial Cause / Ruling on Oral Withdrawal Application
- Outcome
- Application withdrawn; no order as to costs; file closed.
- Judges
- PN Gichohi
- Legal Topics
- Matrimonial Proceedings, Withdrawal of Application, Costs Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
GOO
Applicant
MA
Respondent
Procedural Posture
Matrimonial Cause / Ruling on Oral Withdrawal Application
Legal Issues
- 1 Whether the oral application for withdrawal of the suit should be allowed.
- 2 Whether costs should be awarded against the estate of the deceased applicant.
Ratio Decidendi
The court allowed the oral withdrawal of the application on the basis that the applicant had died before the matter could be heard. The court exercised its discretion not to award costs against the bereaved family, noting that it would be unjust to do so where the matter had not proceeded to hearing. The file was accordingly marked as closed.
Court Disposition
Application withdrawn; no order as to costs; file closed.
Orders
- The oral application for withdrawal is allowed.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
GOO v MA (Matrimonial Case E011 of 2024) [2025] KEHC 2964 (KLR) (12 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2964 (KLR)
Republic of Kenya
In the High Court at Nakuru
Matrimonial Case E011 of 2024
PN Gichohi, J
March 12, 2025
Between
GOO
Applicant
and
MA
Respondent
Ruling
1. This court has heard both counsel. It is unfortunate that the Applicant has died before he could get a hearing before this Court in regard to his application dated 4/6/2024.
2. The application for withdrawal of the same done orally is allowed.
3. As regards costs, it is trite that they are issued at discretion of the Court. It would be unjust to order a bereaved family to pay costs in regard to their bereaved member of their family (Applicant).
4. In the circumstances that matter has not even been heard, there will be no orders as to costs.
5. The file is marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 12TH DAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr Opiyo for the ApplicantMs Shelmith for Kouna for RespondentRuto, Court Assistant