[2014] KEHC 288 (KLR)
The court allowed the withdrawal of the application as requested by the plaintiff and not opposed by the defendant. No determination was made on the merits of the contempt application. The withdrawal was granted in the interests of justice and in accordance with procedural rules allowing a party to withdraw their...
Source-derived case information.
- Citation
- [2014] KEHC 288 (KLR)
- Parties
- Plaintiff: Joshua Mbogori Ikiara; Defendant: Henry Gatobu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 259 of 2013
- Procedural Posture
- Miscellaneous Application / Withdrawal of Application Before Hearing
- Outcome
- Application withdrawn by leave of court.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Interlocutory Orders, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Mbogori Ikiara
Plaintiff
Henry Gatobu
Defendant
Procedural Posture
Miscellaneous Application / Withdrawal of Application Before Hearing
Legal Issues
- 1 Whether the plaintiff/applicant should be granted leave to cite the defendant/respondent for contempt of court.
- 2 Whether an order of committal should issue against the defendant/respondent for alleged disobedience of court orders.
- 3 Whether the application should be withdrawn upon the plaintiff's request.
Ratio Decidendi
The court allowed the withdrawal of the application as requested by the plaintiff and not opposed by the defendant. No determination was made on the merits of the contempt application. The withdrawal was granted in the interests of justice and in accordance with procedural rules allowing a party to withdraw their application before hearing, especially where there is no opposition. Costs were ordered to be in the cause.
Court Disposition
Application withdrawn by leave of court.
Orders
- The plaintiff's application dated 21st July 2014 is withdrawn.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
ELC NO. 259 OF 2013
JOSHUA MBOGORI IKIARA..............................................PLAINTIFF
VERSUS
HENRY GATOBU............................................................DEFENDANT
R U L I N G
This application by the plaintiff is dated 21. 7.2014 and seeks orders:
1. THATthis application be certified urgent and be heard in the first instance.
2. THATthis Honourable court be pleased to give leave to the Plaintiff/Applicant herein to cite the Defendant/Respondent for contempt of court.
3. THATan order of committal be made against the Defendant/Respondent to prison for such period as this Honourable court may deem fit and just in that the said Defendant/Respondent has disobeyed the orders made herein by this Honourable court on 20th October, 2013.
4. THATthis Honourable court be pleased to make further orders as it may deem just and fair.
5. THATcosts be borne by the Defendant/Respondent.
It has the following grounds:
1. THATthe Honourable Judge Lesiit in Meru environment and Land Case No. 259 of 2013 made an order on 2nd October 2013 prohibiting(sic).
2. THATthe Respondent was served with the aforedetailed court order on (sic)
3. Despite being duly served with the said order, the Defendant/respondent has adamantly failed and/or refused to comply and obstinately breached this honourable Court's order.
4. THATthe said breach extremely undermines the dignity and authority of this honourable court.
5. THATthe Applicant herein has suffered greatly due to this breach.
On 22nd October, 2014 when the mater came up for directions, the plaintiff stated that he wanted to withdraw the application. The defendant did not oppose the withdrawal. In the circumstances, the application is hereby withdrawn.
Costs shall be in the cause.
Delivered in Open court at Meru this 22nd day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Thibaru for the plaintiff/applicant
Mbogo h/b E. G. Mwangi for the Defendant/Respondent
P. M. NJOROGE
JUDGE