REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL AND ADMIRALTY DIVISION CIVIL CASE NO. 71 OF 2015 KUNDAN SINGH CONSTRUCTION INTERNATIONAL LIMITED ::::::::::::::::::::::::::::::::::::::: PLAINTIFF -VERSUSBANK OF AFRICA KENYA LTD. ::::::::::::::::::::::::::::::::::DEFENDANT -ANDKENYA COMMERCIAL BANK :::::::::::::::::::::: INTERESTED PARTY R U L IN G 1. The Application before this Court is the Notice of Motion dated 21st May 2015 and filed by the Plaintiff but which has since been withdrawn. The issue now before the court is on costs. Mr. Odoyo for the Applicant urged the court not to allow costs for the application. However Messrs. Musyoka and Karungo for the Respondents insisted on costs, with Mr. Karungo submitting that the Plaintiff is not acting in good faith when he purports to withdraw the suit herein and the application, while at the same time filing the same suit afresh being HCCC No. 269 of 2015 of the same parties. 2. I have considered these submissions. In my view, the Respondents have suffered costs in responding to the application before the court. I allow the withdrawal of the said application with costs to the Respondents. Again, since the main suit herein has also been withdrawn, the costs of the same shall be for the Defendant and the Interested Party. Orders accordingly. READ, DELIVERED AND DATED AT NAIROBI THIS 31ST DAY OF JULY 2015 E. K. O. OGOLA JUDGE PRESENT: Mr. Odongo for the Plaintiffs Mr. Musyoka holding brief for Karungo for the Defendant Mr. Musyoka for the Interested Party Teresia – Court Clerk
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