Notice of Motion dated 4th October 2024 (Consolidated Suit, Nakuru High Court)
The bottom line
#A Nakuru court allowed a plaintiff to withdraw their suit but punished the manoeuvre by ordering them to pay all costs.
What this practically means
#Executive summary
#Key legal issues
#Effect of notice of withdrawal on pending interlocutory applications
Once notices of withdrawal are filed, the Court cannot continue entertaining interlocutory motions; the notices are allowed and adopted and the suit marked withdrawn
The Plaintiffs filed a separate suit during the pendency of this one to forum shop and steal a match, were redirected back to this Court, then stealthily filed withdrawal notices. The Court held it could not continue with interlocutory motions in the face of the withdrawals and sanctioned the conduct with adverse costs.
Sanction for weaponisation of litigation and forum shopping
The 1st Plaintiff/Applicant's intransigence warranted an adverse costs order
The Court had earlier reprimanded the Plaintiffs for weaponising litigation, yet they filed a civil suit during the pendency of this suit intending to forum shop and steal a match, and upon being redirected back filed a notice of withdrawal. The Court held such continued intransigence called for firm sanction by way of an adverse costs order against the 1st Plaintiff/Applicant.
Legal principles established
#- A court will not entertain interlocutory applications once a notice of withdrawal of the suit has been filed
Court orders
#- 1.Allowed and adopted the two notices of withdrawal dated 3rd October 2024 and 14th October 2024
- 2.Condemned the 1st Plaintiff/Applicant to pay the costs of the consolidated suit
- 3.Marked the suit as withdrawn
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act; Order 9 Rule 9, Order 22 Rule 22, Order 40 Rules 1 and 4 and Order 51 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Notice of Motion dated 4th October 2024 (Consolidated Suit, Nakuru High Court)", Case Analysis (2025). Civil Suit consolidated with HCC No. 016 of 2024 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.