[2020] KEHC 8 (KLR)

[2020] KEHC 8 (KLR)

The court allowed the applicant to withdraw the application dated 29.9.2020 as requested, exercising its discretion not to award costs to either party. The withdrawal was marked as wholly withdrawn with no orders as to costs, and the file was ordered closed. The decision was based on the applicant's own motion and...

Source-derived case information.

Citation
[2020] KEHC 8 (KLR)
Parties
Appellant: Thomas Ochieng Apopa; Respondent: Jacinta Wairimu
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E2 of 2020
Procedural Posture
Miscellaneous Application / Withdrawal Ruling
Outcome
application withdrawn, no order as to costs, file closed
Judges
RE Aburili
Legal Topics
Withdrawal of Application, Costs Orders, Case Closure
Source Language
en
Civil Procedure Withdrawal of Application Costs Orders Case Closure

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Summary, issues, holding and outcome

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Parties

Thomas Ochieng Apopa

Appellant

Jacinta Wairimu

Respondent

Procedural Posture

Miscellaneous Application / Withdrawal Ruling

Legal Issues

  1. 1 Whether the application dated 29.9.2020 should be withdrawn as requested by the applicant.
  2. 2 Whether any orders as to costs should be made upon withdrawal.

Ratio Decidendi

The court allowed the applicant to withdraw the application dated 29.9.2020 as requested, exercising its discretion not to award costs to either party. The withdrawal was marked as wholly withdrawn with no orders as to costs, and the file was ordered closed. The decision was based on the applicant's own motion and the absence of opposition or special circumstances warranting a costs order.

Court Disposition

application withdrawn, no order as to costs, file closed

Orders

  • The application dated 29.9.2020 is marked as wholly withdrawn with no orders as to costs.
  • File closed.