[2020] KEHC 739 (KLR)
The court allowed the withdrawal of the judicial review application as sought by the applicant, noting that no pleadings or responses had been filed by the respondents or interested parties. In the absence of opposition or participation by the other parties, and in exercise of its discretion, the court marked the...
Source-derived case information.
- Citation
- [2020] KEHC 739 (KLR)
- Parties
- Applicant: Zhang Aixian; Respondent: Director of Public Prosecutions; Respondent: Inspector General of Police; Respondent: Directorate of Criminal Investigations; Respondent: Chief Magistrate's Court, Kibera; Respondent: Jiang Baoqui; Respondent: Silzha Limited; Respondent: Registrar of Companies; Respondent: Edward Ate Nanok
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E041 of 2020
- Procedural Posture
- Judicial Review Application / Withdrawal Ruling
- Outcome
- withdrawn
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Withdrawal, Costs Orders, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zhang Aixian
Applicant
Director of Public Prosecutions
Respondent
Inspector General of Police
Respondent
Directorate of Criminal Investigations
Respondent
Chief Magistrate's Court, Kibera
Respondent
Jiang Baoqui
Respondent
Silzha Limited
Respondent
Registrar of Companies
Respondent
Edward Ate Nanok
Respondent
Procedural Posture
Judicial Review Application / Withdrawal Ruling
Legal Issues
- 1 Whether the applicant's withdrawal of the judicial review application should be allowed without an order as to costs.
Ratio Decidendi
The court allowed the withdrawal of the judicial review application as sought by the applicant, noting that no pleadings or responses had been filed by the respondents or interested parties. In the absence of opposition or participation by the other parties, and in exercise of its discretion, the court marked the suit as withdrawn with no order as to costs. The case was accordingly closed, and the Deputy Registrar was directed to notify the applicant of the ruling by electronic mail.
Court Disposition
withdrawn
Orders
- This suit is marked as withdrawn with no order as to costs, and the case is accordingly closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Thursday, 10th December 2020.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E041 OF 2020
BETWEEN
ZHANG AIXIAN........................................................................................................APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS...................................1STRESPONDENT
INSPECTOR GENERAL OF POLICE.....................................................2NDRESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATIONS...........................3RDRESPONDENT
CHIEF MAGISTRATE'S COURT, KIBERA...........................................4THRESPONDENT
AND
JIANG BAOQUI..............................................................................1ST INTERESTED PARTY
SILZHA LIMITED..........................................................................2ND INTERESTED PARTY
REGISTRAR OF COMPANIES.....................................................3RD INTERESTED PARTY
EDWARD ATE NANOK.................................................................4TH INTERESTED PARTY
RULING NO 3
1. This matter was coming up for mention to confirm compliance with directions given herein on 18th September 2020 as regards the filing and service of the substantive Notice of Motion by the ex parte Applicant, and responses thereto by the Respondents and Interested Parties.
2. Upon perusal of the Court record, I note that the ex parte Applicant has since filed a Notice of Withdrawal of Application dated 5th November 2020, seeking to withdraw the Chamber Summons application dated 17th September 2020 and the entire judicial review application, with no order as to costs. I also note that no pleadings have been filed herein by the Respondents and Interested Parties.
3. In the premises, I hereby order as follows:
I. This suit is marked as withdrawn with no order as to costs, and the case is accordingly closed.
II. The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Thursday, 10th December 2020.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 7TH DAY OF DECEMBER 2020
P. NYAMWEYA
JUDGE