Nabweteme Margret Nalong and 7 Others v Evangelical Truth Ministries International Church (MISCELLANEOUS APPLICATION NO. 2216 OF 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application to dismiss head suit for non-compliance with court directions was withdrawn by applicants' counsel after the respondent filed the amended plaint and court issued fresh directions. The court struck off the application with no order as to costs.

Outcome

Application struck off after withdrawal by applicants

Facts

The applicants sought to dismiss the head suit (HCCS No. 211 of 2020) alleging that the respondent failed to comply with court directions by not filing an amended plaint after being granted leave on March 2, 2023. However, the electronic court record showed that the respondent had filed the amended plaint on March 20, 2023, eleven days before the applicants filed the present application. The head suit had progressed with further directions issued by court. Counsel for the applicants informed the court that they wished to withdraw the application.

Issues

1. Whether the application should be dismissed as withdrawn by the applicants.

Orders

• Application discontinued and struck off the Court's record.
• No order as to costs.

Legislation cited (5)

• Civil Procedure Act Cap. 282 s.98
• Civil Procedure Rules SI 71-1 O.17 r.4
• Civil Procedure Rules SI 71-1 O.52 r.1
• Civil Procedure Rules SI 71-1 O.25 r.1
• Civil Procedure Rules SI 71-1 O.25 r.2

The original judgment as reported. Read the original PDF before relying on any passage.