[2018] KEELC 2598 (KLR)

[2018] KEELC 2598 (KLR)

The court marked the application dated 9.4.2018 as withdrawn at the instance of the applicant, with no orders as to costs. Consequently, the suit was marked as finalized. The withdrawal of the application meant that the previous order of 3.11.2017 remained undisturbed, and there was no basis for reinstating the suit...

Source-derived case information.

Citation
[2018] KEELC 2598 (KLR)
Parties
Plaintiff: Guy Wago Halake; Defendant: Sarah Kamami Thamburuga; Defendant: Martha Thirindi Thamburuga
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 61 of 2007
Procedural Posture
Miscellaneous Application / Ruling on Application to Review, Vary, and Set Aside Previous Order
Outcome
application withdrawn; suit finalized
Legal Topics
Review of Court Orders, Reinstatement of Suit
Source Language
en
Land and Property Review of Court Orders Reinstatement of Suit

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Summary, issues, holding and outcome

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Parties

Guy Wago Halake

Plaintiff

Sarah Kamami Thamburuga

Defendant

Martha Thirindi Thamburuga

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Review, Vary, and Set Aside Previous Order

Legal Issues

  1. 1 Whether the application to review, vary, and set aside the order of 3.11.2017 should be allowed.
  2. 2 Whether the suit should be reinstated for hearing.

Ratio Decidendi

The court marked the application dated 9.4.2018 as withdrawn at the instance of the applicant, with no orders as to costs. Consequently, the suit was marked as finalized. The withdrawal of the application meant that the previous order of 3.11.2017 remained undisturbed, and there was no basis for reinstating the suit for hearing. The court exercised its discretion in accordance with the Civil Procedure Rules, allowing parties to withdraw applications and concluding the matter accordingly.

Court Disposition

application withdrawn; suit finalized

Orders

  • The application dated 9.4.2018 is marked as withdrawn with no orders as to costs.
  • Suit marked as finalized.