[2016] KEHC 237 (KLR)
The court found that the applicants had filed a notice of withdrawal of the proceedings, and the respondents did not oppose the withdrawal. There was no evidence of prejudice to any party as a result of the withdrawal. The original file had been lost and a skeleton file reconstructed, but this did not affect the...
Source-derived case information.
- Citation
- [2016] KEHC 237 (KLR)
- Parties
- Applicant: Republic; Respondent: Director of Land Adjudication & Settlement; Respondent: Chairman of Naisoya Adjudication Settlement; Applicant: Moontoi Ole Tikani & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 612 of 1999
- Procedural Posture
- Miscellaneous Application / Withdrawal Ruling
- Outcome
- proceedings withdrawn
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Withdrawal of Proceedings, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Director of Land Adjudication & Settlement
Respondent
Chairman of Naisoya Adjudication Settlement
Respondent
Moontoi Ole Tikani & Others
Applicant
Procedural Posture
Miscellaneous Application / Withdrawal Ruling
Legal Issues
- 1 Whether the proceedings should be marked as withdrawn upon the applicant's notice of withdrawal.
- 2 Whether any party would suffer prejudice as a result of the withdrawal.
Ratio Decidendi
The court found that the applicants had filed a notice of withdrawal of the proceedings, and the respondents did not oppose the withdrawal. There was no evidence of prejudice to any party as a result of the withdrawal. The original file had been lost and a skeleton file reconstructed, but this did not affect the substantive rights of the parties. Accordingly, the court exercised its discretion to allow the withdrawal and marked the proceedings as withdrawn with no order as to costs.
Court Disposition
proceedings withdrawn
Orders
- These proceedings are marked as withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW
MISCELLANEOUS APPLICATION NO. 612 OF 1999
REPUBLIC ……………………………………………...APPLICANT
VERSUS
THE DIRECTOR OF LAND ADJUDICATION
& SETTLEMENT……………………………....……....1STRESPONDENT
THE CHAIRMAN OF NAISOYA ADJUDICATION
SETTLEMENT ………………………………...............2ND RESPONDENT
MOONTOI OLE TIKANI &OTHERS.........EX-PARTE APPLICANTS
RULING
The respondents were served with today’s mention as shown by the affidavit of Peter Mwaniki sworn on 14th December 2016.
On record is a notice of withdrawal of these proceedings dated and filed on 12th October 2016. The respondents do not oppose the withdrawal of these proceedings. The record also shows that the original file for these proceedings got lost and on 3rd October 2016 the Deputy Registrar granted orders for reconstruction of this skeleton file. That being the case, and as no prejudice is shown to be occasioned to any party by the withdrawal of these proceedings, I hereby order that these proceedings in this matter are marked as withdrawn with no order as to costs.
Dated, signed and pronounced in open court at Nairobi this 20th day of December, 2016.
R.E. ABURILI
JUDGE
20. 12. 2016