[2024] KEELRC 2337 (KLR)
The court found that the applicant had filed a notice of withdrawal of the application prior to the scheduled ruling date. However, since the withdrawal was not addressed on record in the presence of both parties, the court held that the applicant must formally address the court regarding the notice of withdrawal...
Source-derived case information.
- Citation
- [2024] KEELRC 2337 (KLR)
- Parties
- Applicant: Elizabeth Mkwanjumwa Silet; Respondent: Kenya Ports Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E054 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- Ruling deferred; applicant to address court on withdrawal.
- Judges
- M Mbarũ
- Legal Topics
- Withdrawal of Application, Costs Orders, Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Mkwanjumwa Silet
Applicant
Kenya Ports Authority
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant's notice of withdrawal of the application is properly before the court and effective.
- 2 Whether the withdrawal should be with or without orders as to costs.
Ratio Decidendi
The court found that the applicant had filed a notice of withdrawal of the application prior to the scheduled ruling date. However, since the withdrawal was not addressed on record in the presence of both parties, the court held that the applicant must formally address the court regarding the notice of withdrawal before any ruling can be issued. The ruling on the substantive application is therefore placed in abeyance until the applicant addresses the court on the withdrawal.
Court Disposition
Ruling deferred; applicant to address court on withdrawal.
Orders
- The applicant is to address the court on the Notice of Withdrawal dated 24 June 2024.
- The ruling on the application is placed in abeyance.
Full Case Text
Judgment text and source record
20 paragraphs
Silet v Kenya Ports Authority (Miscellaneous Application E054 of 2024) [2024] KEELRC 2337 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEELRC 2337 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Miscellaneous Application E054 of 2024
M Mbarũ, J
September 26, 2024
Between
Elizabeth Mkwanjumwa Silet
Applicant
and
Kenya Ports Authority
Respondent
Ruling
1. Both parties attended on 4 and 23 July 2024 and agreed to address the application by way of written submissions and a ruling date reserved for 26 September 2024.
2. Upon retreat to write the ruling, the record is that on 24 June 2024, the applicant filed a Notice of Withdrawal of application herein dated 28 May 2024.
3. The instant application is hence withdrawn against the respondent upon request by the application that the withdrawal is with no orders as to costs.
4. Being a court of record, this Notice to Withdrawal application dated 24 June 2024 on the face of the noted attendance seeking to address the instant application due for a ruling must be addressed by the applicant before any ruling can be issued.
5. The applicant is to address the court on the Notice of Withdrawal dated 24 June 2024. The due ruling is hereby placed in abeyance.
DELIVERED IN OPEN COURT AT MOMBASA THIS 26 DAY OF SEPTEMBER 2024. M. MBARŨJUDGEIn the presence of:Court Assistant: Japhet……………………………………………… and ………………………………..…