Waithanji v Baraka Credit Limited & 2 others [2025] KEHC 3784 (KLR)

Waithanji v Baraka Credit Limited & 2 others (Civil Miscellaneous Application E239 of 2024) [2025] KEHC 3784 (KLR) (24 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3784 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Miscellaneous Application E239 of 2024

DO Chepkwony, J

March 24, 2025

Between

Godfrey Mumbura Waithanji

Applicant

and

Baraka Credit Limited

1st Respondent

Purple Royal Auctioneers

2nd Respondent

Land Registrar, Ruiru

3rd Respondent

Ruling

1. This matter is for mention for parties to confirm compliance on directions issued on 11th December, 2025. However, upon listening to counsel for the Applicant, it is confirmed that the Applicant has filed a Notice of Withdrawal of suit dated 14th March, 2025.

2. The Applicant has sought leave to withdraw the suit, in which application is not opposed by the Respondents save for seeking costs for the reason that they have filed a Memorandum of Appearance and Replying Affidavit.

3. I have perused the record and confirm that the Respondent has indeed filed a Replying Affidavit dated 10th February, 2025.

4. Therefore, pursuant to the Notice of Withdrawal of suit dated 14th March, 2025, this suit be and is hereby marked as withdrawn with costs to the Respondent.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Odhiambo counsel for ApplicantM/S Mutinda counsel for RespondentCourt Assistant - Martin