Josphat Munyao John v Consolata Nzula Maingi

John v Maingi (Commercial Miscellaneous Application E014 of 2025) [2026] KEHC 5927 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 5927 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS COMMERCIAL MISCELLANEOUS APPLICATION E014 OF 2025 EN MAINA, J APRIL 30, 2026 BETWEEN JOSPHAT MUNYAO JOHN ...................................................................... PLAINTIFF AND CONSOLATA NZULA MAINGI .......................................................... DEFENDANT RULING 1. What was for ruling were the two applications dated 7th October 2025 and 3rd November 2025 in which the Defendant sought to set aside a temporary injunction granted to the Plaintiff by this court on 30th September 2025. The grounds for the applications were, inter alia, that the Defendant was not served with the application and indeed she sought to cross-examine the process server who alleged to have served the application on 26th September 2025. 2. However, this court has observed that the Plaintiff has filed a Notice of withdrawal of the suit pursuant to Order 25 Rule 1 of the Civil Procedure Rules. The said notice is dated 17th December, 2025. In light of this notice to write the ruling would be an academic exercise. In the premises the notice of withdrawal of the suit in its entirety be and is adopted and the suit is marked as withdrawn. Of necessity any orders issued in the case are hereby vacated and set aside. 3. For now I shall refrain from making any order in regard to the costs. It is so ordered. RULING SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 30TH DAY OF APRIL 2026. E. N. MAINA JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5927/eng@2026-04-30 1

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