[2025] KEHC 6377 (KLR)
The court accepted the plaintiff's notice of withdrawal of the suit and the application against all defendants, finding no reason to deny the withdrawal or to impose costs. The withdrawal was made before substantive hearing, and there was no opposition or demonstrated prejudice to the defendants. The court exercised...
Source-derived case information.
- Citation
- [2025] KEHC 6377 (KLR)
- Parties
- Plaintiff: Japheth Maina Wamwiri; Defendant: Kcb Kenya Limited; Defendant: Stephen Kilalo Mzee; Defendant: Purple Royal Auctioneers
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E013 of 2025
- Procedural Posture
- Civil Case / Ruling on Withdrawal of Suit
- Outcome
- Suit and application withdrawn against all defendants; no order as to costs; file closed.
- Judges
- DO Chepkwony
- Legal Topics
- Withdrawal of Suit, Costs Orders, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Maina Wamwiri
Plaintiff
Kcb Kenya Limited
Defendant
Stephen Kilalo Mzee
Defendant
Purple Royal Auctioneers
Defendant
Procedural Posture
Civil Case / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit and application against the defendants without an order as to costs.
Ratio Decidendi
The court accepted the plaintiff's notice of withdrawal of the suit and the application against all defendants, finding no reason to deny the withdrawal or to impose costs. The withdrawal was made before substantive hearing, and there was no opposition or demonstrated prejudice to the defendants. The court exercised its discretion to allow the withdrawal with no order as to costs, thereby closing the file.
Court Disposition
Suit and application withdrawn against all defendants; no order as to costs; file closed.
Orders
- The suit and the application dated 7th April, 2025 are withdrawn as against the respondents in their entirety.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Wamwiri v KCB Kenya Limited & 2 others (Civil Case E013 of 2025) [2025] KEHC 6377 (KLR) (29 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6377 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E013 of 2025
DO Chepkwony, J
April 29, 2025
Between
Japheth Maina Wamwiri
Plaintiff
and
Kcb Kenya Limited
1st Defendant
Stephen Kilalo Mzee
2nd Defendant
Purple Royal Auctioneers
3rd Defendant
Ruling
1. This matter is scheduled for interparties hearing of the Notice of Motion application dated 7th March, 2025.
2. However, upon listening to counsel for the Applicant, Mr. Ochola, the suit and the application dated 7th April, 2025 are hereby withdrawn as against the Respondents in their entirety with no orders as to costs pursuant to the Notice of Withdrawal of suit dated 20th April, 2025.
3. The file is hence marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF APRIL , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Ochola counsel for the Plaintiff/ApplicantCourt Assistant - Martin