[2024] KEHC 8378 (KLR)
The court allowed the withdrawal of the applicant's notice of motion as the application did not specify the orders sought to be set aside. The court exercised its discretion to permit withdrawal without making any order as to costs, thereby closing the file. The absence of opposition and the applicant's own...
Source-derived case information.
- Citation
- [2024] KEHC 8378 (KLR)
- Parties
- Applicant: Linet Atieno Obudo; Respondent: Joshua Otieno Adede
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Suit E006 of 2022
- Procedural Posture
- Miscellaneous Civil Suit / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn with no orders as to costs. File marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Withdrawal of Application, Costs Orders, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linet Atieno Obudo
Applicant
Joshua Otieno Adede
Respondent
Procedural Posture
Miscellaneous Civil Suit / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant is entitled to withdraw the notice of motion without orders as to costs.
Ratio Decidendi
The court allowed the withdrawal of the applicant's notice of motion as the application did not specify the orders sought to be set aside. The court exercised its discretion to permit withdrawal without making any order as to costs, thereby closing the file. The absence of opposition and the applicant's own acknowledgment of the application's deficiency justified the court's decision to grant withdrawal without penalty.
Court Disposition
Application withdrawn with no orders as to costs. File marked as closed.
Orders
- The notice of motion dated May 23, 2024 is withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Obudo v Adede (Miscellaneous Civil Suit E006 of 2022) [2024] KEHC 8378 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8378 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Suit E006 of 2022
MS Shariff, J
July 10, 2024
Between
Linet Atieno Obudo
Applicant
and
Joshua Otieno Adede
Respondent
Ruling
1. Whereas the Applicant has moved this court by way of a notice of motion dated May 23, 2024 for orders of setting aside, the said notice motion has not disclosed the orders that the Applicant wants this court to set aside. Counsel for the Applicant prays for withdrawal of the same with no orders as to costs.
2. I do allow the withdrawal with no orders as to costs.
3. This file is marked as closed.
DATED, DELIVERED AND SIGNED THIS 10THDAY OF JULY, 2024. M. S. SHARIFFJUDGE