Godfrey Mumbura Waithanji v Baraka Credit Limited & 2 others

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 Therefore, pursuant to the Notice of Withdrawal of suit dated 14th March, 2025, this suit be and is hereby marked as withdrawn with costs to the Respondent.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. CHEPKWONY https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/3784/eng@2025-03-24 1

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