[2024] KEHC 4567 (KLR)
The application was withdrawn by the applicant before substantive hearing or determination. The court, noting the absence of any objection to the withdrawal, allowed the withdrawal and closed the file. No determination was made on the merits of the application for anticipatory bail or the alleged abuse of criminal...
Source-derived case information.
- Citation
- [2024] KEHC 4567 (KLR)
- Parties
- Applicant: Mohamed Adan Quresh; Applicant: Nazareth Group Of Companies Ltd; Respondent: Director Of Criminal Investigations; Respondent: Inspector General Of Police; Respondent: Director Of Public Prosecutions; Interested Party: Treadsetters Tyres Limited; Interested Party: Mohamed Zeshan Saroya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E073 of 2024
- Procedural Posture
- Miscellaneous Application / Withdrawal of Application Before Hearing
- Outcome
- Application withdrawn; file closed.
- Judges
- LN Mutende
- Legal Topics
- Anticipatory Bail, Debt Recovery, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Adan Quresh
Applicant
Nazareth Group Of Companies Ltd
Applicant
Director Of Criminal Investigations
Respondent
Inspector General Of Police
Respondent
Director Of Public Prosecutions
Respondent
Treadsetters Tyres Limited
Interested Party
Mohamed Zeshan Saroya
Interested Party
Procedural Posture
Miscellaneous Application / Withdrawal of Application Before Hearing
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or charging.
- 2 Whether the criminal process is being used to recover a commercial debt already determined by a commercial court.
Ratio Decidendi
The application was withdrawn by the applicant before substantive hearing or determination. The court, noting the absence of any objection to the withdrawal, allowed the withdrawal and closed the file. No determination was made on the merits of the application for anticipatory bail or the alleged abuse of criminal process for debt recovery.
Court Disposition
Application withdrawn; file closed.
Orders
- The application is marked as withdrawn as prayed.
- The file is accordingly closed.
Full Case Text
Judgment text and source record
32 paragraphs
Quresh & another v Director of Criminal Investigations & 2 others; Treadsetters Tyres Limited & another (Interested Parties) (Miscellaneous Application E073 of 2024) [2024] KEHC 4567 (KLR) (Crim) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4567 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Application E073 of 2024
LN Mutende, J
April 15, 2024
Between
Mohamed Adan Quresh
1st Applicant
Nazareth Group Of Companies Ltd
2nd Applicant
and
Director Of Criminal Investigations
1st Respondent
Inspector General Of Police
2nd Respondent
Director Of Public Prosecutions
3rd Respondent
and
Treadsetters Tyres Limited
Interested Party
Mohamed Zeshan Saroya
Interested Party
Ruling
1. Through a Notice of Motion dated 7th March, 2024 the applicant Mohamed Adan Quresh seeks an order admitting him to anticipatory bail pending arrest or charging on such reasonable terms as the court may deem fit to impose in the circumstances.
2. The basis of the application is that the respondents are aiding the Interested Party to recover a debt from him yet the matter is commercial in nature which has been determine by a commercial court and payment terms entered per an agreement and even post dated cheques issued.
3. Directions as to service of the application were given on 12th March, 2024.
4. On 19th March, 2024 the applicant filed a Notice of withdrawal of the matter in its entirety. There being no objection to the withdrawal, the application stands withdrawn as prayed and the file is accordingly closed.
5. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 15THDAY OF APRIL, 2024. L. N. MUTENDEJUDGEIn the presence of:Ms. Wafula for ODPPCourt Assistant - Gladys