[2011] KEHC 165 (KLR)
The court determined that, in the absence of any formal withdrawal or clear evidence of settlement by consent, it would not simply allow the application as prayed due to the respondent's non-participation. Instead, the applicant was given liberty to withdraw the proceedings if a settlement had been reached. If not,...
Source-derived case information.
- Citation
- [2011] KEHC 165 (KLR)
- Parties
- Applicant: Rwaikamba & Rwaithia Trading Company; Respondent: Town Clerk, City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 65 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Directions
- Outcome
- directions issued; application not allowed as prayed; liberty to withdraw or proceed to submissions.
- Judges
- CC Kipkorir
- Legal Topics
- Judicial Review, Municipal Rent Collection, Withdrawal of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rwaikamba & Rwaithia Trading Company
Applicant
Town Clerk, City Council of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Directions
Legal Issues
- 1 Whether the applicant is entitled to an order stopping the respondent from collecting rent for certain houses.
- 2 Whether the proceedings should be withdrawn if the matter has been compromised or settled by consent.
- 3 Whether the application should be allowed as prayed in the absence of respondent's participation.
Ratio Decidendi
The court determined that, in the absence of any formal withdrawal or clear evidence of settlement by consent, it would not simply allow the application as prayed due to the respondent's non-participation. Instead, the applicant was given liberty to withdraw the proceedings if a settlement had been reached. If not, the applicant was directed to take a date for highlighting submissions and notify the respondent, ensuring due process and an opportunity for both parties to be heard before a final judgment is rendered.
Court Disposition
directions issued; application not allowed as prayed; liberty to withdraw or proceed to submissions.
Orders
- The applicant is at liberty to withdraw the proceedings.
- If the applicant does not wish to withdraw, it must take a date for highlighting submissions and notify the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR ELC MISCELLANEOUS APPLICATION NO. 65 OF 2010
RWAIKAMBA & RWAITHIA TRADING COMPANY ……….APPLICANT
VERSUS
TOWN CLERK .………………………………………………...RESPONDENT
CITY COUNCIL OF NAIROBI
RULING
When this matter came before me for further directions on 19th October, 2011 counsel for the Applicant asked me to allow the application as prayed in that although the Respondent had appointed an advocate no papers had been filed by the said advocate. Counsel for the Applicant also hinted that the matter may have been compromised and that is why the Respondent has not shown any interest.
I have now perused the court file and find that the Applicant wants the Respondent stopped from collecting rent for certain houses. If indeed the matter has been settled by consent then the Applicant can withdraw these proceedings. In my view, this case needs to be addressed through a Judgment and not by just allowing the application as prayed. I will therefore give directions as follows:-
1. That the Applicant be at liberty to withdraw the proceedings.
2. If the Applicant does not wish to withdraw these proceedings then I
direct that the Applicant takes a date for highlighting of its submissions and notify the Respondent of such a date.
Dated, signed and delivered at Nairobi this 10th day of November, 2011
W. K. KORIR
JUDGE