[2024] KEHC 14972 (KLR)
The court found that a valid Notice of Withdrawal dated 30th December, 2022, had been filed by the applicants. No party appeared to oppose the withdrawal or to show cause why the suit should not be dismissed for want of prosecution. In accordance with the Civil Procedure Rules, the court marked the suit as withdrawn...
Source-derived case information.
- Citation
- [2024] KEHC 14972 (KLR)
- Parties
- Applicant: Stephen Maina Muchoki & 30 others; Respondent: NCBA Bank Kenya PLC; Respondent: Yes Housing Sacco
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 2 of 2023
- Procedural Posture
- Commercial Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit withdrawn and file closed.
- Judges
- DO Chepkwony
- Legal Topics
- Withdrawal of Suit, Want of Prosecution, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Maina Muchoki & 30 others
Applicant
NCBA Bank Kenya PLC
Respondent
Yes Housing Sacco
Respondent
Procedural Posture
Commercial Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the Notice of Withdrawal dated 30th December, 2022, is valid and effective.
Ratio Decidendi
The court found that a valid Notice of Withdrawal dated 30th December, 2022, had been filed by the applicants. No party appeared to oppose the withdrawal or to show cause why the suit should not be dismissed for want of prosecution. In accordance with the Civil Procedure Rules, the court marked the suit as withdrawn and ordered the file closed, thereby disposing of the matter without proceeding to a substantive hearing on the merits.
Court Disposition
Suit withdrawn and file closed.
Orders
- The suit is marked as withdrawn pursuant to the Notice of Withdrawal dated 30th December, 2022.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Muchoki & 30 others v NCBA Bank Kenya PLC & another (Commercial Case 2 of 2023) [2024] KEHC 14972 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 14972 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case 2 of 2023
DO Chepkwony, J
October 30, 2024
Between
Stephen Maina Muchoki & 30 others
Applicant
and
Ncba Bank Kenya Plc
1st Respondent
Yes Housing Sacco
2nd Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause (NTSC) having been issued upon the parties on 30th September, 2024.
2. Having listened to counsel for the 1st Defendant, this suit be and is hereby marked as withdrawn pursuant to a Notice of Withdrawal dated 30th December, 2022. This file is therefore marked as closed.
It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF…OCTOBER…., 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for the ApplicantsMr. Macharia counsel for 1st Defendant - NCBACourt Assistant – Martin