[2015] KEHC 1233 (KLR)
The court accepted the plaintiff's advocate's submission that the parties had resolved the dispute and that the defendant had not been served with the suit papers. In accordance with the Civil Procedure Rules, the court allowed the withdrawal of the suit and marked it as definitively settled. The court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 1233 (KLR)
- Parties
- Plaintiff: Valentine Kirigu Mwirigi; Defendant: Capital Sacco Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 69 of 2015
- Procedural Posture
- Civil Suit / Withdrawal Before Hearing
- Outcome
- Suit withdrawn and definitively settled. No order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Injunctions, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Valentine Kirigu Mwirigi
Plaintiff
Capital Sacco Ltd
Defendant
Procedural Posture
Civil Suit / Withdrawal Before Hearing
Legal Issues
- 1 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from disposing or selling Land Parcel Number IGOJI/GIKUI/2903.
- 2 Whether the suit should be withdrawn as per the parties' resolution.
- 3 Whether costs should be awarded upon withdrawal of the suit.
Ratio Decidendi
The court accepted the plaintiff's advocate's submission that the parties had resolved the dispute and that the defendant had not been served with the suit papers. In accordance with the Civil Procedure Rules, the court allowed the withdrawal of the suit and marked it as definitively settled. The court exercised its discretion not to award costs to either party, given the circumstances of withdrawal and lack of service on the defendant.
Court Disposition
Suit withdrawn and definitively settled. No order as to costs.
Orders
- The suit is marked withdrawn and definitively settled.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 69 OF 2015
VALENTINE KIRIGU MWIRIGI ...................................................................................... PLAINTIFF
VERSUS
CAPITAL SACCO LTD...............................................................................................DEFENDANT
JUDGEMENT
The plaint in this suit is dated 11. 8.2015 and seeks judgment against the defendant for:
1. Order of permanent injunction restraining the Defendant, its agents, assignees, servants, representatives or anyone acting at their behest from whatsoever disposing or selling Land Parcel Number IGOJI/GIKUI/2903.
2. Costs of this suit and interest at current market rates.
3. Any other relief that his Honourable Court deems fit to grant.
On 22. 10. 2015, Mr. Wamache informed the court that the parties had resolved the issues in this suit. He told the Court that as the defendant had not been served with the suit papers including those ones concerning the application dated 1. 8.2015, he wished to withdraw the suit.
I have taken into account the submissions by the plaintiff's advocate. This suit is, therefore, marked withdrawn and definitively settled. I issue no order as to costs.
It is so ordered.
Delivered in Open Court at Meru this 22nd day of October, 2015 in the presence of:
Cc. Lilian/Daniel
Wamache for Applicant/Plaintiff
Defendant/Respondent – No appearance
P. M. NJOROGE
JUDGE