[2017] KEHC 4214 (KLR)
The court held that since the application sought to be withdrawn was filed by the applicant, the applicant is entitled to withdraw it at any time, subject to the payment of costs. The court noted that proceedings had already commenced, with witnesses called and cross-examined, making it appropriate to award costs to...
Source-derived case information.
- Citation
- [2017] KEHC 4214 (KLR)
- Parties
- Applicant: Unknown (Applicant in application dated 19th November 2013); Respondent: Respondents to application dated 19th November 2013
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 248 of 2001
- Procedural Posture
- Succession Cause / Ruling on Withdrawal of Application
- Outcome
- Application dated 19th November 2013 marked as withdrawn with costs to the respondents.
- Judges
- DN Musyoka
- Legal Topics
- Withdrawal of Application, Costs Award, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Unknown (Applicant in application dated 19th November 2013)
Applicant
Respondents to application dated 19th November 2013
Respondent
Procedural Posture
Succession Cause / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant is entitled to withdraw the application dated 19th November 2013 at this stage of proceedings.
- 2 Whether costs should be awarded to the respondents upon withdrawal of the application.
Ratio Decidendi
The court held that since the application sought to be withdrawn was filed by the applicant, the applicant is entitled to withdraw it at any time, subject to the payment of costs. The court noted that proceedings had already commenced, with witnesses called and cross-examined, making it appropriate to award costs to the respondents. Accordingly, the application dated 19th November 2013 was marked as withdrawn, with costs to the respondents.
Court Disposition
Application dated 19th November 2013 marked as withdrawn with costs to the respondents.
Orders
- The application dated 19th November 2013 is marked as withdrawn.
- Costs awarded to the respondents to the application.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 248 OF 2001
IN THE MATTER OF THE ESTATE OF KAMANU WANGEWA (DECEASED)
RULING
1. On 27th February 2017, counsel for the applicant in the application dated 19th November 2013 sought to have it withdrawn. It was explained that the withdrawal was informed by an order that had been made earlier, on 26th November 2008.
2. The order sought was vehemently opposed by the other parties. It was argued that the matter had come a long way, in terms of the hearing of the matter, by way of presenting evidence at the ongoing hearing founded on the said application.
3. I do note that the application sought to be withdrawn was filed by the applicant. I agree with his counsel that he should be at liberty to withdraw it at any time that he pleases, subject only to payment of costs.
4. Proceedings have been under way. Witnesses were called and cross-examined. No doubt this is a proper case for grant of costs. I shall order, in the circumstances, that the application dated 19th November 2013 be marked as withdrawn, with costs to the persons who are the respondents to that application.
DATED, SIGNED and DELIVERED at NAIROBI this 2ND DAY OF JUNE, 2017.
W. MUSYOKA
JUDGE