[2025] KEHC 3784 (KLR)
The court found that the applicant had properly filed a Notice of Withdrawal of suit, and that the respondents had already participated in the proceedings by filing a Memorandum of Appearance and a Replying Affidavit. In line with the Civil Procedure Rules and the general principle that costs follow the event, the...
Source-derived case information.
- Citation
- [2025] KEHC 3784 (KLR)
- Parties
- Applicant: Godfrey Mumbura Waithanji; Respondent: Baraka Credit Limited; Respondent: Purple Royal Auctioneers; Respondent: Land Registrar, Ruiru
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E239 of 2024
- Procedural Posture
- Miscellaneous Application / Withdrawal of Suit Before Substantive Hearing
- Outcome
- Suit withdrawn with costs to the respondents.
- Judges
- DO Chepkwony
- Legal Topics
- Withdrawal of Suit, Costs Award, Notice of Withdrawal
- 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
Godfrey Mumbura Waithanji
Applicant
Baraka Credit Limited
Respondent
Purple Royal Auctioneers
Respondent
Land Registrar, Ruiru
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal of Suit Before Substantive Hearing
Legal Issues
- 1 Whether the applicant is entitled to withdraw the suit at this stage.
- 2 Whether the respondents are entitled to costs upon withdrawal of the suit by the applicant.
Ratio Decidendi
The court found that the applicant had properly filed a Notice of Withdrawal of suit, and that the respondents had already participated in the proceedings by filing a Memorandum of Appearance and a Replying Affidavit. In line with the Civil Procedure Rules and the general principle that costs follow the event, the court exercised its discretion to allow the withdrawal of the suit but awarded costs to the respondents, as they had incurred expenses in defending the matter up to the point of withdrawal.
Court Disposition
Suit withdrawn with costs to the respondents.
Orders
- The suit is marked as withdrawn pursuant to the Notice of Withdrawal dated 14th March, 2025.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
23 paragraphs
Waithanji v Baraka Credit Limited & 2 others (Civil Miscellaneous Application E239 of 2024) [2025] KEHC 3784 (KLR) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3784 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Miscellaneous Application E239 of 2024
DO Chepkwony, J
March 24, 2025
Between
Godfrey Mumbura Waithanji
Applicant
and
Baraka Credit Limited
1st Respondent
Purple Royal Auctioneers
2nd Respondent
Land Registrar, Ruiru
3rd Respondent
Ruling
1. This matter is for mention for parties to confirm compliance on directions issued on 11th December, 2025. However, upon listening to counsel for the Applicant, it is confirmed that the Applicant has filed a Notice of Withdrawal of suit dated 14th March, 2025.
2. The Applicant has sought leave to withdraw the suit, in which application is not opposed by the Respondents save for seeking costs for the reason that they have filed a Memorandum of Appearance and Replying Affidavit.
3. I have perused the record and confirm that the Respondent has indeed filed a Replying Affidavit dated 10th February, 2025.
4. Therefore, pursuant to the Notice of Withdrawal of suit dated 14th March, 2025, this suit be and is hereby marked as withdrawn with costs to the Respondent.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Odhiambo counsel for ApplicantM/S Mutinda counsel for RespondentCourt Assistant - Martin