[2023] KEELC 19814 (KLR)
The court found that the applicant had properly communicated the intention to withdraw the application both by letter and by filing a formal notice of withdrawal. In accordance with the Civil Procedure Rules, the court accepted the withdrawal and marked the application as withdrawn. No order as to costs was made, as...
Source-derived case information.
- Citation
- [2023] KEELC 19814 (KLR)
- Parties
- Applicant: LA & LG (Minors); Respondent: __MISSING__
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E13 of 2023
- Procedural Posture
- Miscellaneous Application / Withdrawal of Application
- Outcome
- Application marked as withdrawn. No order as to costs.
- Judges
- E Asati
- Legal Topics
- Registration of Charge, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LA & LG (Minors)
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal of Application
Legal Issues
- 1 Whether the application for leave to register a charge over specified properties should proceed after notice of withdrawal was filed.
Ratio Decidendi
The court found that the applicant had properly communicated the intention to withdraw the application both by letter and by filing a formal notice of withdrawal. In accordance with the Civil Procedure Rules, the court accepted the withdrawal and marked the application as withdrawn. No order as to costs was made, as the withdrawal was voluntary and there was no contest or opposition requiring a costs order. The court's decision was based on the procedural right of a party to withdraw its application before determination and the absence of any prejudice to the other party.
Court Disposition
Application marked as withdrawn. No order as to costs.
Orders
- The application dated 20/6/2023 is marked as withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
In re LA & LG (Minors) (Miscellaneous Civil Application E13 of 2023) [2023] KEELC 19814 (KLR) (18 September 2023) (Ruling)
Neutral citation: [2023] KEELC 19814 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Miscellaneous Civil Application E13 of 2023
E Asati, J
September 18, 2023
In the matter of an application for leave to register charge over properties nos. Kisumu municipality/block 4/100/a201 and kisumu municipality/block x/xxx
Ruling
1. The application dated 20/6/2023 herein was heard on 27/7/2023 and ruling reserved for 18/9/2023. However, vide letter dated 27/7/2023 from the firm of Otieno, Yogo, Ojuro & Co. Advocates, Counsel for the applicant informed court that the applicant had abandoned the application and filed a notice of withdrawal dated 27/7/2023 withdrawing the application. Having read the Notice of withdrawal and in view of the contents of the Advocate’s letter dated 27/7/2023, the application dated 20/6/2023 is hereby marked as withdrawn. No order as to costs.Orders accordingly.
RULING, DATED AND SIGNED AT KISUMU, READ VIRTUALLY THIS 18TH DAY OF SEPTEMBER 2023 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATIJUDGE.In the presence of:Maureen: Court Assistant.Ojuro Advocate for the Applicant.