[2023] KEELC 15863 (KLR)
The court allowed the withdrawal of the respondent's preliminary objection as it was unopposed and there was no objection to the withdrawal. The court further allowed the appellant's application for stay of proceedings in the lower court, as it was not opposed by the respondent. The orders were made to preserve the...
Source-derived case information.
- Citation
- [2023] KEELC 15863 (KLR)
- Parties
- Respondent: Orako Evans Oduor t/a Joint Base Nava Enterprises Limited; Appellant: Enrnest Bin Amito; Appellant: Jeofrick N. Muide t/a Kimu Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 47 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Preliminary Objection Withdrawal and Stay Application
- Outcome
- Preliminary objection withdrawn; application for stay of proceedings allowed; costs to abide outcome of appeal.
- Judges
- GMA Ongondo
- Legal Topics
- Preliminary Objection, Stay of Proceedings, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Orako Evans Oduor t/a Joint Base Nava Enterprises Limited
Respondent
Enrnest Bin Amito
Appellant
Jeofrick N. Muide t/a Kimu Auctioneers
Appellant
Procedural Posture
Environment and Land Appeal / Ruling on Preliminary Objection Withdrawal and Stay Application
Legal Issues
- 1 Whether the respondent's preliminary objection should be withdrawn without costs.
- 2 Whether the appellant's application for stay of proceedings in the lower court should be allowed pending appeal.
Ratio Decidendi
The court allowed the withdrawal of the respondent's preliminary objection as it was unopposed and there was no objection to the withdrawal. The court further allowed the appellant's application for stay of proceedings in the lower court, as it was not opposed by the respondent. The orders were made to preserve the status quo pending the hearing and determination of the appeal, and costs were ordered to abide the outcome of the appeal.
Court Disposition
Preliminary objection withdrawn; application for stay of proceedings allowed; costs to abide outcome of appeal.
Orders
- The respondent's preliminary objection dated October 14, 2022 is marked as withdrawn.
- The appellant's application dated February 17, 2023 is allowed in terms of prayer for stay of proceedings of Homa-Bay Chief Magistrate's Court suit No. 89 of 2022 pending hearing and determination of this appeal.
Full Case Text
Judgment text and source record
22 paragraphs
AmitoOrako Evans Oduor t/a Joint Base Nava Enterprises Limited v Amito & another (Environment and Land Appeal 47 of 2022) [2023] KEELC 15863 (KLR) (1 March 2023) (Ruling)
Neutral citation: [2023] KEELC 15863 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 47 of 2022
GMA Ongondo, J
March 1, 2023
Between
Orako Evans Oduor t/a Joint Base Nava Enterprises Limited
Respondent
and
Enrnest Bin Amito
1st Appellant
Jeofrick N. Muide t/a Kimu Auctioneers
2nd Appellant
Ruling
1. This ruling is with regard to the respondent’s preliminary objection dated October 14, 2022 and the appellant’s application by way of Notice of Motion dated February 17, 2023.
2. Mr. Osewe, instructed by Quinter Adoyo and Company Advocates for the respondent has made the following application:“I pray that the preliminary objection dated October 14, 2022 be marked as withdrawn with no orders as to costs. Further, Notice of Motion dated February 17, 2023 is not opposed. May we take directions as regards the appeal”
3. Aluoch Odera, learned counsel for the appellant has no objection to the application for withdrawal of the preliminary objection. She prays that the appellant’s application be allowed.
4. In the foregone, I order and direct that:a.The respondent’s preliminary objection dated October 14, 2022 is hereby marked as withdrawn.b.The appellant’s application dated February 17, 2023 is allowed in terms of prayer for stay of proceedings of Homa-Bay Chief Magistrate’s Court suit No. 89 of 2022 pending hearing and determination of this appeal.c.Costs to abide the outcome of this appeal.
5. Ordered accordingly.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 1st DAY OF MARCH 2023. G.M.A ONG’ONDOJUDGEPRESENTAluoch Odera, learned Counsel for the appellant/1st applicant.Mr. Osewe instructed by Quinter Adoyo learned Counsel for the respondent.Court Assistant: Okello.