[2021] KECA 162 (KLR)
The Court held that since the application had already been withdrawn by consent of both parties as per the Order dated 15th November 2018, there was no basis for the matter to be listed for hearing. Consequently, the file was marked as closed because the application was spent and no further action was required. This...
Source-derived case information.
- Citation
- [2021] KECA 162 (KLR)
- Parties
- Applicant: Holiday Investments (K) Ltd; Applicant: Benson W.K. Muigai; Applicant: Pauline K. Muigai; Respondent: Fidelity Commercial Bank
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 142 of 2013
- Procedural Posture
- Civil Application / Order on Withdrawn Application
- Outcome
- Application marked as withdrawn and file closed.
- Judges
- HA Omondi, KI Laibuta, DK Musinga
- Legal Topics
- Withdrawal of Application, Consent Orders, Case Closure
- 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
Holiday Investments (K) Ltd
Applicant
Benson W.K. Muigai
Applicant
Pauline K. Muigai
Applicant
Fidelity Commercial Bank
Respondent
Procedural Posture
Civil Application / Order on Withdrawn Application
Legal Issues
- 1 Whether the application should proceed when it was previously withdrawn by consent.
- 2 Whether the file should be marked as closed following the withdrawal of the application.
Ratio Decidendi
The Court held that since the application had already been withdrawn by consent of both parties as per the Order dated 15th November 2018, there was no basis for the matter to be listed for hearing. Consequently, the file was marked as closed because the application was spent and no further action was required. This ensures procedural finality and prevents unnecessary relisting of matters that have been conclusively dealt with by consent.
Court Disposition
Application marked as withdrawn and file closed.
Orders
- The application is marked as withdrawn by consent of both parties.
- The file is hereby marked as closed as the application has been spent.
Full Case Text
Judgment text and source record
21 paragraphs
Holiday Investments (K) Ltd & 2 others v Fidelity Commercial Bank (Civil Application 142 of 2013) [2021] KECA 162 (KLR) (19 November 2021) (Order)
Neutral citation: [2021] KECA 162 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application 142 of 2013
HA Omondi, K.I Laibuta & DK Musinga, JJA
November 19, 2021
Between
Holiday Investments (K) Ltd
1st Applicant
Benson W.K. Muigai
2nd Applicant
Pauline K. Muigai
3rd Applicant
and
Fidelity Commercial Bank
Respondent
(Appeal from the Judgment of the High Court of Kenya at Nairobi (Hatari Waweru, J.) dated 18th June, 2013 in Civil Appeal No. 196 of 2012)
Order
1. This application was wrongly listed for hearing today because by an Order of this Court dated 15thnNovember 2018, the application was marked as withdrawn by consent of both parties. This file is hereby marked as closed as the said application has been spent.
MADE AT MOMBASA THIS 19THDAY OF NOVEMBER, 2021. D. MUSINGA, (P)........................................JUDGE OF APPEALH. OMONDI.......................................JUDGE OF APPEALK. LAIBUTA.......................................JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR