E W M v SM [2015] KEHC 7603 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

DIVORCE CAUSE NO. 81 OF 2014

BETWEEN

E W M………………………….…...PETITIONER

AND

SM……………..........…………….RESPONDENT

RULING

The Deputy Registrar certified on 31st July 2014 that the pleadings herein were in order and directed that the matter was to proceed as an undefended cause.

The matter was fixed for hearing on 23rd October 2014. It was placed before me on the appointed date, and the petitioner proceeded to state her case against the respondent. I reserved the matter for judgment on 23rd January 2015.

Two days to the date of the delivery of the judgment, that is to say on 21st January 2015, the petitioner filed a Notice of Withdrawal dated 10th January 2015, intimating to the court that she was withdrawing the petition dated 11th April 2014. The Notice was signed by the petitioner personally and by her advocates. Its effect was to stop the court from rendering a decision on the petition.

The petition is undefended, nobody would be prejudiced by its withdrawal. Consequently, I am moved to mark the petition herein dated 11th April 2014 as withdrawn. There shall be no order as to costs.

DATED, SIGNED and DELIVERED at NAIROBI this 31ST  DAY OF JULY, 2015.

W MUSYOKA

JUDGE

In the presence of Ms. Luyayi for Mr. Mugambi advocate for the petitioner