[2015] KEHC 1124 (KLR)
The court found that the plaintiff had properly served all parties with notices of withdrawal and intention to act in person. The defendants, through their advocate and in person, confirmed receipt and consented to the withdrawal with no order as to costs. The court, satisfied that all procedural requirements had...
Source-derived case information.
- Citation
- [2015] KEHC 1124 (KLR)
- Parties
- Plaintiff: Fridah Kendi; Defendant: Lawrence Majau Mberia; Defendant: Festus Kathendu; Defendant: County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 104 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Suit withdrawn with no order as to costs; inhibitions on specified land parcels to be removed.
- Legal Topics
- Withdrawal of Suit, Costs Orders, Land Inhibition Removal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fridah Kendi
Plaintiff
Lawrence Majau Mberia
Defendant
Festus Kathendu
Defendant
County Government of Meru
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff's withdrawal of the suit is valid and effective.
- 2 Whether any orders as to costs should be made upon withdrawal.
- 3 Whether inhibitions registered against specified land parcels should be removed.
Ratio Decidendi
The court found that the plaintiff had properly served all parties with notices of withdrawal and intention to act in person. The defendants, through their advocate and in person, confirmed receipt and consented to the withdrawal with no order as to costs. The court, satisfied that all procedural requirements had been met and that there was consensus among the parties, marked the suit as withdrawn with no order as to costs. Additionally, the court ordered the removal of inhibitions registered against the specified land parcels, thereby settling all outstanding issues in the suit.
Court Disposition
Suit withdrawn with no order as to costs; inhibitions on specified land parcels to be removed.
Orders
- The suit is marked withdrawn with no order as to costs.
- Inhibitions registered against Land Parcels No. KIIRUA/NAARI/1410, NYAKI/MULANTHANKARI/2294 and ABOTHUGUCHI/KARIENE/3595 to be removed by the Land Registrar forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 104 OF 2012
FRIDAH KENDI........................................................PLAINTIFF/RESPONDENT
VERSUS
LAWRENCE MAJAU MBERIA......................1ST DEFENDANT/APPLICANT
FESTUS KATHENDU......................................2ND DEFENDANT/APPLICANT
COUNTY GOVERNMENT OF MERU......................3RD DEFENDANT
J U D G M E N T
The Plaintiff in this suit has filed a notice of withdrawal of Advocates and notice to act in person dated 6th day of November, 2016. The Plaintiff has also filed a notice of withdrawal of her suit also dated 6th November, 2015 .
The two notices were brought to the attention of the Court on 09/11/2015. The Plaintiff told the Court that she had served all parties in the suit with her two notices. This position was confirmed by Advocate Muthomi who was holding brief for Carlpeters Mbaabu for the 1st and 2nd Defendants. The second Defendant, himself, confirmed this position and told the Court that the parties had agreed to the withdrawal of the suit by the Plaintiff with no order as to costs.
In the Circumstances, this suit is marked withdrawn with no order as to costs. This Court deems this suit as having definitively been heard, determined and settled. The Court further grants an order that inhibitions registered against Land Parcels No. KIIRUA/NAARI/1410, NYAKI/MULANTHANKARI/2294 and ABOTHUGUCHI/KARIENE/ 3595 be removed by the apposite Land Registrar forthwith
It is so ordered.
Delivered in Open Court at Meru this 11th day of November, 2015 in the presence of:-
Cc. Daniel / Lilian
Calrpeters Mbaabu for the defendants
Fridah Kendi (plaintiff) - Absent
P. M. NJOROGE
JUDGE.