[2014] KEHC 6116 (KLR)
The court found that since the applicant had expressly abandoned the application and there was no opposition from the respondent, the proper course was to declare the application withdrawn. The court exercised its discretion to order that costs be in the cause, following the general principle that costs follow the...
Source-derived case information.
- Citation
- [2014] KEHC 6116 (KLR)
- Parties
- Appellant: John Marangu M'Ikiugu; Respondent: Loyford Muthuri Gitangata
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2012
- Procedural Posture
- Civil Appeal / Interlocutory Application Ruling
- Outcome
- Application withdrawn by abandonment; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Injunctions, Interlocutory Applications, Land Disputes
- 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
John Marangu M'Ikiugu
Appellant
Loyford Muthuri Gitangata
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application Ruling
Legal Issues
- 1 Whether an injunction should issue restraining the appellant/respondent from disposing or alienating L.R. No. Nkuene/Taita/2545 pending determination of the application and appeal.
- 2 Whether the application should be withdrawn upon abandonment by the applicant.
Ratio Decidendi
The court found that since the applicant had expressly abandoned the application and there was no opposition from the respondent, the proper course was to declare the application withdrawn. The court exercised its discretion to order that costs be in the cause, following the general principle that costs follow the event unless there are special reasons to depart from this rule. No substantive determination was made on the merits of the injunction sought, as the application was not prosecuted to conclusion.
Court Disposition
Application withdrawn by abandonment; costs in the cause.
Orders
- The application is declared withdrawn.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCA 11 OF 2012
JOHN MARANGU M'IKIUGU.........................................................APPELLANT
VERSUS
LOYFORD MUTHURI GITANGATA..............................................RESPONDENT
RULING
This application is dated 18th May, 2013. It seeks orders that:
This application be certified urgent and service thereof be dispensed with in the first instance.
There be an order of injunction restraining the Appellant/Respondent from disposing by sale or otherwise or alienating the suit property, that is to say, L. R. No. Nkuene/Taita/2545, pending the inter- partes hearing and determination of this application.
There be an order of injunction restraining the Appellant/Respondent, from disposing by sale or otherwise or alienating the suit property, that is to say, L.R. No. Nkuene/Taita/2545, pending the hearing and final determination of this appeal.
Costs for this application be provided for.
The Court do make any other or such better orders which it may deem fit to grant in the circumstances.
On 27th March, 2014, the applicant abandoned the application. As the abandonment was not opposed, I therefore, declare it withdrawn. The costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 27th day of March, 2014 in the presence of:
Cc: Daniel
Muriithi for the Respondent
P. M . NJOROGE
JUDGE