Acqualine Distributors Limited v Coastal Bottlers Limited [2016] KEHC 2671 (KLR)
- Court
- High Court of Kenya
- Case number
- 2671
- Citation
- [2016] KEHC 2671 (KLR)
- Decided
- 19 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for dismissal and Notice of intention to withdraw the application
Holding
The application dated March 29, 2016 is incompetent, bad in law, and an abuse of the process of the court and is struck out with costs.
Facts
The plaintiff filed a Notice of Motion on January 18, 2013 seeking leave to commence contempt proceedings. The defendant filed a Notice of Withdrawal on March 31, 2014. The plaintiff then filed a Notice of Motion on March 29, 2016.
Issues
- The applicant's application is incompetent, bad in law, and an abuse of the process of the court.
- The Notice of Motion was not an exparte application as required by the Supreme Court Practice Rules.
- The plaintiff abandoned the application and the court became functus officio.
- The application dated March 29, 2016 is void and a nullity.
Reasoning
The court found that the plaintiff's application was not an exparte application as required by the Supreme Court Practice Rules and that the plaintiff had abandoned the application, rendering the court functus officio.
Outcome
The application dated March 29, 2016 is struck out with costs.
Orders
- The Notice of Motion dated 18th January, 2013 for hearing is set down for further steps.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Supreme Court Practice Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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