Treasure General Merchants Ltd v National Youth Service (Civil Case 232 of 2019)  KEHC 16273 (KLR) (Civ) (15 December 2022) (Ruling)
Neutral citation:  KEHC 16273 (KLR)
Republic of Kenya
Civil Case 232 of 2019
JN Mulwa, J
December 15, 2022
Treasure General Merchants Ltd
National Youth Service
1.The suit subject of the application dated 21/2/2020 was filed by a plaint dated October 18, 2019.By the Application dated 21/2/2020, the Applicant sought for orders: -1.That Judgment be entered for the Plaintiff against the Defendant for Kshs45,848.566/= together with Costs and Interest from the date of filing the suit herein.2.That Costs of the application be provided for.
2.The supporting affidavit is sworn by a Director of the Plaintiff Company, one Isaac Kariuki Njoroge on the 20/2/2020, and grounds stated at the face of the application.The application is opposed by a preliminary objection filed by the Senior State Counsel K. Nthigah on the 3/2/2020.
3.Upon perusal of the Court file, I have found a Notice of Discontinuance of the application dated 11/3/2022 filed by the Plaintiff’s advocates, Mutua Mboya & Nzissi Advocates, under provisions of Order 25 Rule 1 of the Civil Procedure Rules.However, when the parties appeared for hearing of the application before me on the 5/7/2022, the fact of the discontinuation of the application was not brought to my attention by either of the parties Advocates who were in attendance.
4.In the Circumstances, this court takes notes of the said notice, and the Advocates failure to bring all material facts relevant to the suit to the courts attention.Be that as it may the application dated 21/2/2022 having been discontinued, the Court has no other option but to declare that there is no application for interrogation and determination in the suit by the Court.Orders accordingly
DATED, DELIVERED AND SIGNED THIS 15TH DAY OF DECEMBER, 2022J. N. MULWAJUDGE