[2021] KEHC 6441 (KLR)
The court found that since the applicant had filed a notice of withdrawal and there was no objection or application for costs by the respondent, the suit should be marked as withdrawn with no order as to costs. The court exercised its discretion under the Civil Procedure Rules to allow the withdrawal and close the...
Source-derived case information.
- Citation
- [2021] KEHC 6441 (KLR)
- Parties
- Applicant: Dr. Nicholas Muyale; Respondent: Kenya Veterinary Board (KVB)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E047 of 2021
- Procedural Posture
- Judicial Review Application / Withdrawal Before Hearing
- Outcome
- Suit withdrawn with no order as to costs.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Procedure, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Nicholas Muyale
Applicant
Kenya Veterinary Board (KVB)
Respondent
Procedural Posture
Judicial Review Application / Withdrawal Before Hearing
Legal Issues
- 1 Whether the suit should be marked as withdrawn following the applicant's notice of withdrawal.
- 2 Whether any orders as to costs should be made upon withdrawal.
Ratio Decidendi
The court found that since the applicant had filed a notice of withdrawal and there was no objection or application for costs by the respondent, the suit should be marked as withdrawn with no order as to costs. The court exercised its discretion under the Civil Procedure Rules to allow the withdrawal and close the case accordingly.
Court Disposition
Suit withdrawn with no order as to costs.
Orders
- This suit is marked as withdrawn with no order as to costs, and the case is accordingly closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondent by electronic mail by close of business on Thursday, 27th May 2021.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E047 OF 2021
BETWEEN
DR. NICHOLAS MUYALE (VETERINARY SURGEON,
CHAIRMAN KENYA VETERINARY ASSOCIATION (KVA) &
DE JURE MEMBER OF KVB).......................................................................APPLICANT
VERSUS
KENYA VETERINARY BOARD (KVB)....................................................RESPONDENT
RULING
1. This matter was coming up for hearing of the Applicant’s Chamber Summons application dated 2nd April 2021. Upon perusal of the Court record, I note that the Respondent filed a replying affidavit dated 20th May 2021 in response, after the Applicant had filed a Notice of Withdrawal of the suit herein dated 13th May 2021.
2. In the premises, I hereby order as follows:
I. This suit is marked as withdrawn with no order as to costs, and the case is accordingly closed.
II. The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondent by electronic mail by close of business on Thursday, 27th May 2021.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 25TH DAY OF MAY 2021
P. NYAMWEYA
JUDGE