[2020] KEELC 1228 (KLR)

[2020] KEELC 1228 (KLR)

The court held that while the general rule is that a party may withdraw a suit before it is set down for hearing, this right is not absolute where there are pending contempt proceedings. Contempt of court applications are quasi-criminal and implicate the public interest in upholding the rule of law. Allowing withdrawal in such circumstances would amount to an abuse of process and undermine the court's authority. Since the 1st Interested Party had filed a contempt application against the applicant and its advocate, the court declined to allow withdrawal of the suit. The applicant's notice of withdrawal was struck out, and costs were awarded to the 1st Interested Party.

Citation
[2020] KEELC 1228 (KLR)
Parties
Applicant: Republic; Respondent: Export Processing Zones Authority; Respondent: National Environment Management Authority; Respondent: Water Resources Authority; Interested Party: London Distillers (K) Ltd; Interested Party: Mavoko Water & Sewerage Co; Interested Party: County Government of Machakos, Department of Environment & Natural Resources; Interested Party: Denvic Property Managers Ltd; Applicant: Erdermann Property Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
25 September 2020
Case Number
Environment and Land Judicial Review Case 2 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application to Withdraw Suit
Outcome
Application to withdraw suit declined; notice of withdrawal struck out; costs to 1st Interested Party.
Judges
OA Angote
Legal Topics
Withdrawal of Suit, Costs Award, Contempt of Court, Judicial Review Procedure
Source Language
English
Civil Procedure Environmental Law Withdrawal of Suit Costs Award Contempt of Court Judicial Review Procedure

Case Brief

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Parties

Republic

Applicant

Export Processing Zones Authority

Respondent

National Environment Management Authority

Respondent

Water Resources Authority

Respondent

London Distillers (K) Ltd

Interested Party

Mavoko Water & Sewerage Co

Interested Party

County Government of Machakos, Department of Environment & Natural Resources

Interested Party

Denvic Property Managers Ltd

Interested Party

Erdermann Property Limited

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Application to Withdraw Suit

Legal Issues

  1. 1 Whether the applicant can withdraw the suit in light of pending contempt proceedings.
  2. 2 Whether the right to withdraw a suit is absolute where contempt applications are pending.
  3. 3 Whether costs should be awarded upon attempted withdrawal of suit.

Ratio Decidendi

The court held that while the general rule is that a party may withdraw a suit before it is set down for hearing, this right is not absolute where there are pending contempt proceedings. Contempt of court applications are quasi-criminal and implicate the public interest in upholding the rule of law. Allowing withdrawal in such circumstances would amount to an abuse of process and undermine the court's authority. Since the 1st Interested Party had filed a contempt application against the applicant and its advocate, the court declined to allow withdrawal of the suit. The applicant's notice of withdrawal was struck out, and costs were awarded to the 1st Interested Party.

Court Disposition

Application to withdraw suit declined; notice of withdrawal struck out; costs to 1st Interested Party.

Orders

  • The applicant's notice of withdrawal of suit is struck out.
  • Costs awarded to the 1st Interested Party.