Nuri v Kombe & 2 others (Application 38 of 2018) [2019] KESC 77 (KLR) (8 May 2019) (Ruling)
- Court
- Supreme Court of Kenya
- Case number
- 77
- Citation
- [2019] KESC 77 (KLR)
- Decided
- 8 May 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Practice and ProcedurePostureApplication for leave to file an affidavit seeking to be excused from proceedingsCoramDK MARAGA, MK IBRAHIM, SC WANJALA, NJOKI NDUNGU, I LENAOLA
Holding
The application is fatal as it is predicated on a wrong statutory provision and a party cannot withdraw from proceedings by way of an affidavit.
Facts
The case involves an application by Nuri to withdraw from proceedings before the Supreme Court.
Issues
- whether the Civil Procedure Act and Civil Procedure Rules 2010 were applicable to Supreme Court proceedings
- whether rule 8 of the Supreme Court Rules 2012 could be a basis for filing an application seeking leave to file an affidavit to withdraw from proceedings
- whether a party could use an affidavit for purposes of seeking to withdraw from proceedings
Reasoning
The Civil Procedure Act and Civil Procedure Rules 2010 were not applicable to Supreme Court proceedings. Rule 8 of the Supreme Court Rules 2012 could not be used to withdraw from proceedings.
Outcome
The application is struck out.
Orders
- The Notice of Motion application dated December 17, 2017 is hereby struck out.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules 2010
- Supreme Court Rules 2012
- Rule 8 of the Supreme Court Rules 2012
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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