[2022] KEHC 16273 (KLR)
The court found that since the plaintiff had filed a notice of discontinuance of the application under Order 25 Rule 1 of the Civil Procedure Rules, there was no longer any application before the court for determination. The failure of the advocates to inform the court of the discontinuance did not revive the...
Source-derived case information.
- Citation
- [2022] KEHC 16273 (KLR)
- Parties
- Plaintiff: Treasure General Merchants Ltd; Defendant: National Youth Service
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 232 of 2019
- Procedural Posture
- Civil Case / Ruling on Discontinued Application
- Outcome
- Application discontinued; no orders on the merits.
- Judges
- JN Mulwa
- Legal Topics
- Notice of Discontinuance, Withdrawal of Application, Court Jurisdiction Post Discontinuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Treasure General Merchants Ltd
Plaintiff
National Youth Service
Defendant
Procedural Posture
Civil Case / Ruling on Discontinued Application
Legal Issues
- 1 Whether the court can determine an application that has been discontinued by the applicant.
- 2 Whether the parties and their advocates have a duty to inform the court of material facts, including discontinuance of applications.
Ratio Decidendi
The court found that since the plaintiff had filed a notice of discontinuance of the application under Order 25 Rule 1 of the Civil Procedure Rules, there was no longer any application before the court for determination. The failure of the advocates to inform the court of the discontinuance did not revive the withdrawn application. Consequently, the court declared that there was no application for interrogation and determination, and issued orders accordingly.
Court Disposition
Application discontinued; no orders on the merits.
Orders
- The application dated 21/2/2020 is noted as discontinued.
- There is no application before the court for determination.
Full Case Text
Judgment text and source record
20 paragraphs
Treasure General Merchants Ltd v National Youth Service (Civil Case 232 of 2019) [2022] KEHC 16273 (KLR) (Civ) (15 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16273 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case 232 of 2019
JN Mulwa, J
December 15, 2022
Between
Treasure General Merchants Ltd
Plaintiff
and
National Youth Service
Defendant
Ruling
1. The suit subject of the application dated 21/2/2020 was filed by a plaint dated October 18, 2019. By the Application dated 21/2/2020, the Applicant sought for orders: -1. That Judgment be entered for the Plaintiff against the Defendant for Kshs45,848. 566/= together with Costs and Interest from the date of filing the suit herein.2. That Costs of the application be provided for.
2. The supporting affidavit is sworn by a Director of the Plaintiff Company, one Isaac Kariuki Njoroge on the 20/2/2020, and grounds stated at the face of the application.The application is opposed by a preliminary objection filed by the Senior State Counsel K. Nthigah on the 3/2/2020.
3. Upon perusal of the Court file, I have found a Notice of Discontinuance of the application dated 11/3/2022 filed by the Plaintiff’s advocates, Mutua Mboya & Nzissi Advocates, under provisions of Order 25 Rule 1 of the Civil Procedure Rules.However, when the parties appeared for hearing of the application before me on the 5/7/2022, the fact of the discontinuation of the application was not brought to my attention by either of the parties Advocates who were in attendance.
4. In the Circumstances, this court takes notes of the said notice, and the Advocates failure to bring all material facts relevant to the suit to the courts attention.Be that as it may the application dated 21/2/2022 having been discontinued, the Court has no other option but to declare that there is no application for interrogation and determination in the suit by the Court.Orders accordingly
DATED, DELIVERED AND SIGNED THIS 15TH DAY OF DECEMBER, 2022J. N. MULWAJUDGE