[2011] KEHC 583 (KLR)
The court found that the Interested Party had filed a Notice of Withdrawal for the application dated 6/9/2011, which was sufficient to mark the application as withdrawn. The court noted concern that the application was still prosecuted after the Notice of Withdrawal had been filed, and that not all parties had been...
Source-derived case information.
- Citation
- [2011] KEHC 583 (KLR)
- Parties
- Plaintiff: Njeru Mukundie & 3 Others; Defendant: The Hon. Attorney General & 8 Others; Applicant: Eliud Gichohi Kiama
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 165 of 2008
- Procedural Posture
- Civil Case / Ruling on Withdrawal of Application
- Outcome
- application withdrawn
- Legal Topics
- Withdrawal of Application, Notice of Withdrawal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Mukundie & 3 Others
Plaintiff
The Hon. Attorney General & 8 Others
Defendant
Eliud Gichohi Kiama
Applicant
Procedural Posture
Civil Case / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the Interested Party's application dated 6/9/2011 stands withdrawn upon filing of a Notice of Withdrawal.
- 2 Whether proper service of the Notice of Withdrawal was effected on all relevant parties.
Ratio Decidendi
The court found that the Interested Party had filed a Notice of Withdrawal for the application dated 6/9/2011, which was sufficient to mark the application as withdrawn. The court noted concern that the application was still prosecuted after the Notice of Withdrawal had been filed, and that not all parties had been served with the Notice. Nonetheless, the withdrawal was effective, and the application was marked as withdrawn in accordance with the Notice. The court expressed disapproval of the conduct of counsel who proceeded with the application despite the withdrawal, emphasizing the importance of proper service and adherence to procedural rules.
Court Disposition
application withdrawn
Orders
- The application dated 6/9/2011 is marked as withdrawn as per the Notice of Withdrawal dated 26/10/2011.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC F KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL CASE NO. 165 OF 2008
NJERU MUKUNDIE & 3 OTHERS………………………………..............…………………….PLAINTIFFS
VERSUS
THE HON. ATTORNEY GENERAL & 8 OTHERS………..................…………………..……DEFENDANTS
ELIUD GICHOHI KIAMA………………………………................…….INTERESTED PARTY/APPLICANT
R U L I N G
I have perused his file and have found that there is a Notice of Withdrawal of the Interested Party’s entire Application dated 6/9/2011. It was filed in court on 27/10/2011.
This Notice was to be served on P.N. Mugo & Co. Advocates and M/s Mutitu Thiongo & Co Advocates The Notice is from the firm of Mugambi Njeru & Co. Advocates.
I am therefore surprised that M/s Muthoni was here on 2/11/2011 prosecuting the application dated 6/9/2011 on behalf of the interested party. It’s by God’s grace that P.N. Mugo (who was not even served) happened to be in court and gave the court some vital information.
I take exception to that kind of behavior by learned counsel. This application is marked withdrawn as per the withdrawal Notice dated 26/10/2011.
DATED, DELIVERED AND SIGNED AT EMBU THIS 15TH DAY OF NOVEMBER 2011.
H.I. ONG’UDI
JUDGE