[2017] KEELC 2253 (KLR)
The court found that the plaintiff had properly filed a notice of withdrawal of suit, and in accordance with the Civil Procedure Rules, the suit was marked as withdrawn. The court further held that costs should be awarded to the defendants, as is customary when a plaintiff withdraws a suit without the consent of the...
Source-derived case information.
- Citation
- [2017] KEELC 2253 (KLR)
- Parties
- Plaintiff: Harriet Muthoni Mugambi; Defendant: Geoffrey Mugambi; Defendant: Nyaga M’Karugutira; Defendant: Kariba Kithinji
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 167 of 2017
- Procedural Posture
- Land and Property / Ruling on Withdrawal and Settlement
- Outcome
- Suit withdrawn and marked as settled; costs awarded to the defendants.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Award, Settlement of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harriet Muthoni Mugambi
Plaintiff
Geoffrey Mugambi
Defendant
Nyaga M’Karugutira
Defendant
Kariba Kithinji
Defendant
Procedural Posture
Land and Property / Ruling on Withdrawal and Settlement
Legal Issues
- 1 Whether the suit should be marked as withdrawn and settled following the plaintiff's notice of withdrawal.
- 2 Whether costs should be awarded to the defendants.
Ratio Decidendi
The court found that the plaintiff had properly filed a notice of withdrawal of suit, and in accordance with the Civil Procedure Rules, the suit was marked as withdrawn. The court further held that costs should be awarded to the defendants, as is customary when a plaintiff withdraws a suit without the consent of the defendants. The matter was therefore marked as settled and finalized, and the suit was ordered removed from the list of pending cases.
Court Disposition
Suit withdrawn and marked as settled; costs awarded to the defendants.
Orders
- The suit is marked as withdrawn and settled.
- Costs are awarded to the defendants.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 167 OF 2017
FORMERLY MERU ELC CASE NO.168 OF 2012
HARRIET MUTHONI MUGAMBI…………..………………..PLAINTIFF
VERSUS
GEOFFREY MUGAMBI……………………………………..1ST DEFENDANT
NYAGA M’KARUGUTIRA………………………………….2ND DEFENDANT
KARIBA KITHINJI……………………………………………3RD DEFENDANT
RULING
1. This file was brought to me for direction on 28th June, 2017.
2. Upon perusal of the file, I have found out that the following order had been issued by Hon D. Mburu (DR Meru) on 18th March, 2015.
“Upon notice of withdrawal of suit dated 18th February, 2015 from Harriet Muthomi Mugambi, the plaintiff herein, this suit is hereby withdrawn with costs to the defendant and the same is marked as settled.”
3. As a consequence this suit is marked as settled and completely finalized.
4. Costs are awarded to the defendant.
5. I order that this suit be removed from the list of pending cases at the Chuka ELC Court.
6. It is so ordered
Delivered in open court at Chuka this 28th day of June, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE