[2020] KEHC 2268 (KLR)
The court found that the applicant had properly filed a notice of withdrawal and that there was no opposition to the withdrawal from the parties, including the Interested Party. In the exercise of its discretion, the court allowed the withdrawal of the suit with no order as to costs, thereby closing the file. The...
Source-derived case information.
- Citation
- [2020] KEHC 2268 (KLR)
- Parties
- Applicant: Kenmark Trading T/A Foodies Supermarket; Respondent: Nairobi County Government Director of Public Health; Respondent: Nairobi City County; Interested Party: Vivo Energy Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 106 of 2019
- Procedural Posture
- Judicial Review Miscellaneous Application / Withdrawal Ruling
- Outcome
- Application withdrawn with no order as to costs; file closed.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Procedure, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenmark Trading T/A Foodies Supermarket
Applicant
Nairobi County Government Director of Public Health
Respondent
Nairobi City County
Respondent
Vivo Energy Kenya Limited
Interested Party
Procedural Posture
Judicial Review Miscellaneous Application / Withdrawal Ruling
Legal Issues
- 1 Whether the applicant should be permitted to withdraw the judicial review application with no order as to costs.
Ratio Decidendi
The court found that the applicant had properly filed a notice of withdrawal and that there was no opposition to the withdrawal from the parties, including the Interested Party. In the exercise of its discretion, the court allowed the withdrawal of the suit with no order as to costs, thereby closing the file. The court also directed the Deputy Registrar to notify all parties of the ruling by electronic mail.
Court Disposition
Application withdrawn with no order as to costs; file closed.
Orders
- This suit is hereby marked as withdrawn with no order as to costs, and this file is accordingly closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant, Respondents and Interested Party by electronic mail by close of business on Thursday, 8th October 2020.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. 106 OF 2019
BETWEEN
KENMARK TRADING T/A FOODIES SUPERMARKET............APPLICANT
VERSUS
NAIROBI COUNTY GOVERNMENT DIRECTOR
OF PUBLIC HEALTH.............................................................1ST RESPONDENT
NAIROBI CITY COUNTY....................................................2ND RESPONDENT
AND
VIVO ENERGY KENYA LIMITED..............................INTERESTED PARTY
RULING
1. The ex parte Applicant has filed a Notice of Withdrawal dated 24th August 2020, seeking to withdraw the Notice of Motion dated 8th April 2019 and accompanying statutory statement with no order as to costs. The Interested Party’s advocate had also indicated that he was not opposed to the matter being withdrawn with no order as to costs, in an email sent on 28th July 2020 to the Deputy Registrar of the Judicial Review Division.
2. In the premises I hereby order as follows:
I.This suit is hereby marked as withdrawn with no order as to costs, and this file is accordingly closed.
II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant, Respondents and Interested Party by electronic mail by close of business on Thursday, 8th October 2020.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE