[2023] KEELC 17748 (KLR)
The court found that the notice of withdrawal of the appeal, filed by consent of both parties and setting out clear terms for the transfer of the disputed land, was meritorious. The court emphasized the importance of parties resolving disputes amicably and in accordance with the law, specifically referencing the...
Source-derived case information.
- Citation
- [2023] KEELC 17748 (KLR)
- Parties
- Appellant: Elisha Opiyo Achieng; Respondent: Nelson Atieno Owuor; Interested Party: Jeremiah Obar Ndong
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E014 of 2021
- Procedural Posture
- Environment and Land Appeal / Appeal Withdrawn Before Hearing
- Outcome
- Appeal discontinued by consent; no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Land Transfer, Withdrawal of Appeal, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisha Opiyo Achieng
Appellant
Nelson Atieno Owuor
Respondent
Jeremiah Obar Ndong
Interested Party
Procedural Posture
Environment and Land Appeal / Appeal Withdrawn Before Hearing
Legal Issues
- 1 Whether the appeal should be discontinued by consent of the parties.
- 2 Whether the terms of withdrawal and transfer of land are enforceable as agreed.
Ratio Decidendi
The court found that the notice of withdrawal of the appeal, filed by consent of both parties and setting out clear terms for the transfer of the disputed land, was meritorious. The court emphasized the importance of parties resolving disputes amicably and in accordance with the law, specifically referencing the Civil Procedure Rules and the constitutional imperative to promote alternative dispute resolution. Consequently, the appeal was marked as wholly discontinued with no orders as to costs, and the parties were commended for their cooperation in settling the matter.
Court Disposition
Appeal discontinued by consent; no orders as to costs.
Orders
- The appeal is marked as wholly discontinued.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Achieng v Owuor; Ndong (Interested Party) (Environment and Land Appeal E014 of 2021) [2023] KEELC 17748 (KLR) (5 June 2023) (Judgment)
Neutral citation: [2023] KEELC 17748 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E014 of 2021
GMA Ongondo, J
June 5, 2023
Between
Elisha Opiyo Achieng
Appellant
and
Nelson Atieno Owuor
Respondent
and
Jeremiah Obar Ndong
Interested Party
(Being an appeal from the judgment of the Senior Principal Magistrate Court at HomaBay, Hon. T.Obutu – SPM dated 16th day of June, 2021)
Judgment
1. The appellant generated this appeal by way of memorandum of appeal dated November 29, 2022 based on twinned ground set out on the face of the same and noted herein.
2. A notice of withdrawal of the appeal dated May 17, 2023 and filed herein on May 19, 2023 reads:"Take notice pursuant to Order 25 rule 2(1) of the Civil Procedure Rules, the appellant, Elisha Opiyo Achieng And Gs Okoth Advocate, the advocate for the respondent have by consent agreed to wholly discontinue the above pending appeal on the following terms:a.The appellant, registered proprietor of Land Parcel No. Kanyada/Kothidha/56 shall duly transfer to Jeremiah Eddy Obar Ndong the whole of the said land within the next sixty (60) days.b.The respondent Jeremiah Eddy Obar Ndong shall pay all the prescribed charges and fees for completing the transfer.c.The respondent hereby agrees that due to the long duration that has elapsed he will pay more money as the price to be hereafter agreed upon between himself and the appellant.d.The restriction registered following the order given by the court on the February 14, 2023 to be lifted at the time of registering the transfer to Jerry Eddy Obar Ndong.”
3. Today, the appellant in person and Ms P Odhiambo instructed by GS Okoth and Company Advocates for the respondent have affirmed the notice of withdrawal that the appeal be marked as discontinued with no orders as to costs.
4. In the forgone, I applaud the parties for bringing this matter to an end in the spirit of Article 159(2) (b) and (c) of the Constitution of Kenya, 2010. Therefore, the notice of withdrawal of this appeal is meritorious.
5. Accordingly, this appeal is hereby marked as wholly discontinued with no orders as to costs.
6. It is so ordered.
DATED AND DELIVERED AT HOMABAY THIS 5TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENTAppellant in person.M.s P. Odhiambo, instructed by G.S Okoth learned counsel for the respondent.Court Assistant, Okello.