Countryside Dairy Limited v Mbugua [2024] KEHC 8199 (KLR)

Countryside Dairy Limited v Mbugua (Civil Appeal E006 of 2024) [2024] KEHC 8199 (KLR) (26 June 2024) (Ruling)

Neutral citation: [2024] KEHC 8199 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E006 of 2024

JK Ng'arng'ar, J

June 26, 2024

Between

Countryside Dairy Limited

Applicant

and

Stephen Njenga Mbugua

Respondent

Ruling

1. The appellant filed the Notice of Withdrawal of Appeal dated 7/6/2024 accompanied with a letter of even date. It was disclosed that the parties had entered into an agreement and settled the claim on 7/6/2024 thus the filing of the notice to withdraw. The Supreme Court in Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others SC APP. NO. 16 OF 2014. held that; “a party’s right to withdraw a matter before the court cannot be taken way. A court cannot bar a party from withdrawing his matter. All that the court can do is to make an order as to costs where it is deemed appropriate.” The same is pegged under Order 25 Rules 1 & 2 (1) of Civil Procedure Rules, 2010 which provides for the absolute right which a plaintiff can exercise at his will any time before judgment is delivered. See Allah Baksh v Niamat Ali 1892 All WN 53 (1).

2. Considering the foregoing, I see no reason not to grant the request. Consequently, the instant appeal is hereby withdrawn with no orders as to costs.

It is so ordered.

DATED and DELIVERED VIRTUALLY at NAIROBI this 26th day of June, 2024. ………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Mwarande for the AppellantNgaruinge for the RespondentCourt Assistant- Peter Ong’idiPage 1 of 1 J.K. NG’ARNG’AR, J.