John Aguilinda Aradi v Festo Wakhungu Zephania [2015] KEELC 30 (KLR)
- Court
- Environment & Land Court
- Case number
- 30
- Citation
- [2015] KEELC 30 (KLR)
The application for withdrawal of notice of motion dated 15.6.2015 is justifiable and the plaintiff/applicant is allowed to withdraw the motion with costs to the defendant/Respondent.
Facts
The plaintiff/applicant filed a notice of motion on 15.6.2015 seeking to determine whether there was an access road between two properties. The plaintiff/applicant later filed an application on 7.10.2015 seeking to amend the plaint to determine if there was encroachment.
Issues
- Whether the plaintiff/applicant's application to withdraw the notice of motion dated 15.6.2015 is justifiable.
- Whether the consent recorded on 2.7.2015 was compromised by the plaintiff/applicant's amendment to the plaint.
Reasoning
The consent recorded on 2.7.2015 was for the purpose of the plaintiff/applicant's original application. The plaintiff/applicant's claim has now changed to determine encroachment, making the original application unnecessary.
Outcome
The plaintiff/applicant's application to withdraw the notice of motion dated 15.6.2015 is allowed.
Orders
- The plaintiff/applicant is allowed to withdraw the notice of motion dated 15.6.2015 with costs to the defendant/Respondent.
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