[2021] KEHC 2496 (KLR)
The court allowed the interested party's request to withdraw its application dated 24/11/2020. The application was dismissed, and each party was ordered to bear its own costs. The court did not make a determination on the preliminary objection as the withdrawal rendered it moot. The ruling was based on the principle...
Source-derived case information.
- Citation
- [2021] KEHC 2496 (KLR)
- Parties
- Plaintiff: Hadija Nanjala Chemiati; Defendant: Jamin Wasike Chemiati; Applicant: Ramadhan Musumba Chemiati; Interested Party: Gayani Enterprises
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 91 of 2005
- Procedural Posture
- Civil Suit / Ruling on Application Withdrawal and Preliminary Objection
- Outcome
- Application withdrawn and dismissed. Each party to bear its own costs.
- Judges
- SN Riechi
- Legal Topics
- Withdrawal of Application, Preliminary Objection, Jurisdiction, Court Process Abuse
- 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
Hadija Nanjala Chemiati
Plaintiff
Jamin Wasike Chemiati
Defendant
Ramadhan Musumba Chemiati
Applicant
Gayani Enterprises
Interested Party
Procedural Posture
Civil Suit / Ruling on Application Withdrawal and Preliminary Objection
Legal Issues
- 1 Whether the court has jurisdiction to entertain the interested party's application.
- 2 Whether the application constitutes an abuse of court process.
- 3 Whether the interested party's application should be withdrawn and dismissed.
Ratio Decidendi
The court allowed the interested party's request to withdraw its application dated 24/11/2020. The application was dismissed, and each party was ordered to bear its own costs. The court did not make a determination on the preliminary objection as the withdrawal rendered it moot. The ruling was based on the principle that a party may withdraw its application before determination, and in such circumstances, costs are typically borne by each party unless otherwise ordered.
Court Disposition
Application withdrawn and dismissed. Each party to bear its own costs.
Orders
- The interested party's application dated 24/11/2020 is dismissed.
- Each party to bear its own costs to the application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT BUNGOMA
CIVIL SUIT NO. 91 OF 2005 (O.S)
HADIJA NANJALA CHEMIATI...........................................................PLAINTIFF
VERSUS
JAMIN WASIKE CHEMIATI............................................................DEFENDANT
AND
RAMADHAN MUSUMBA CHEMIATI..............................................APPLICANT
AND
GAYANI ENTERPRISES....................................................INTERESTED PARTY
RULING
The interested party in an application dated 24th November, 2020 seeks the following orders;-
1. That an order do issue directing that all the tenants on land parcel number Bungoma/Township/228 to deposit monthly rent in court pending the hearing and determination of this suit and other suits pending before the honouranle court touching on the suit parcels.
2. Costs.
The application is supported by the affidavit of Sarah Hersi Ali, one of the directors of the interested party. She depones that the suit parcel of land is registered in the interested party’s name and has several business with tenants who pay rent directly to the plaintiff which fact she depones is prejudicial to the interested party.
The applicant, Ramdhan Musumba Chemiati in response to the application filed a notice of preliminary objection dated 10/5/2021 raising the following grounds;
1. That the honourable court lacks the necessary jurisdiction to entertain the application.
2. That the application is an abuse of the court process.
The parties by consent agreed to dispose of the preliminary objection by way of written submissions. Both parties filed their submissions and the court reserved the ruling for 27/7/2021.
By way of letter dated 7/6/2021, the interested party’s counsel expressed his intention to withdraw the application subject of the ruling. The request to withdraw is hereby allowed. The interested party’s application dated 24/11/2020 is hereby dismissed. Each party to bear its own costs to the application.
DATED AT BUNGOMA THIS 3RD DAY OF NOVEMBER, 2021
S. N. RIECHI
JUDGE