Global Woods Hardware Limited v KCB Bank Kenya Limited & another (Land Case E006 of 2024) [2024] KEELC 5860 (KLR) (Environment and Land) (28 August 2024) (Ruling)
Neutral citation:
[2024] KEELC 5860 (KLR)
Republic of Kenya
Land Case E006 of 2024
EK Wabwoto, J
August 28, 2024
Between
Global Woods Hardware Limited
Plaintiff
and
Kcb Bank Kenya Limited
1st Defendant
Onesmus Macharia t/a Watts Auctions
2nd Defendant
Ruling
1.The Plaintiff instituted this suit vide a plaint dated 22nd August 2024 and contemporaneously filed an application of even date seeking inter alia an injunction against the Defendants from selling, disposing off or dealing in any way with L.R No. 27303 (C.R 42227) and L.R No. 1956/462 (C.R 43939) pending the hearing and determination of the suit. The said application was supported by the affidavit sworn by Patrick Mundia Nyamu on the even date.
2.The court upon considering the said application directed that the same be heard by way of oral submissions on 28th August 2024 during the inter parties hearing. However, before the said date of inter parties hearing, the Plaintiff filed a notice of withdrawal of the suit dated 27th August 2024.
3.At common law a plaintiff has an absolute right to discontinue his suit at any stage of the proceedings prior to verdict or judgment. This right has been declared to be substantial. (per C. J. Taft in the matter of Skinner and Eddy Corporation, (1924) 68 Law Ed 912 at p. 914). It is this right that has been given statutory recognition through Order 25 of the Civil Procedure Rules, 2010. The Court of Appeal in Beijing Industrial Designing & Researching Institute v Lagoon Development Limited [2015] eKLR stated:-
4.The Supreme Court in Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others S.C APPL NO. 16 OF 2014 held that:
5.It is useful to reproduce the provisions of Order 25 of the Civil Procedure rules, 2010 which provides for withdrawal, discontinuance and adjustment of suits. It reads: -
6.As acknowledged by the above cited decisions, the right provided under Order 25 Rules 1 & 2 (1) of the Civil Procedure Rules is not fettered by any conditions; it is an absolute right which a plaintiff can exercise at his sweet will at any time before the judgment is delivered. In view of the foregoing this court hereby issues the following orders:a.The Plaintiff’s notice of withdrawal of the suit dated 27th August 2024 is hereby adopted by this court.b.The Plaintiff’s entire suit is hereby marked as withdrawn.c.There shall be no orders as to costs.d.The file is closed.Orders accordingly.
DATED SIGNED AND DELIVERED VIRTUALLY AT VOI THIS 28TH DAY OF AUGUST 2024.E.K. WABWOTOJUDGE