[2022] KEELC 2002 (KLR)
The court adopted the consent of the parties to withdraw the suit, emphasizing the importance of promoting alternative dispute resolution and upholding party autonomy in litigation. The withdrawal was formalized as an order of the court, with no order as to costs, in line with the parties' agreement and the...
Source-derived case information.
- Citation
- [2022] KEELC 2002 (KLR)
- Parties
- Plaintiff: Benard Otieno Obunga; Respondent: Lawrence Oguda Obunga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 44 of 2021
- Procedural Posture
- Originating Summons / Withdrawal by Consent
- Outcome
- Suit withdrawn by consent; no order as to costs.
- Legal Topics
- Adverse Possession, Withdrawal of Suit, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Otieno Obunga
Plaintiff
Lawrence Oguda Obunga
Respondent
Procedural Posture
Originating Summons / Withdrawal by Consent
Legal Issues
- 1 Whether the plaintiff has acquired LR. No. East Kanyada/Kayadier/3465 by way of adverse possession.
- 2 Whether the suit should be withdrawn by consent of the parties.
Ratio Decidendi
The court adopted the consent of the parties to withdraw the suit, emphasizing the importance of promoting alternative dispute resolution and upholding party autonomy in litigation. The withdrawal was formalized as an order of the court, with no order as to costs, in line with the parties' agreement and the principles of justice under Article 159(2)(b) of the Constitution of Kenya, 2010.
Court Disposition
Suit withdrawn by consent; no order as to costs.
Orders
- The instant suit is marked as withdrawn.
- There be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT HOMABAY
ELC (OS) NO. 44 OF 2021
(Formerly Migori ELC (OS) NO. 185 of 2017)
BENARD OTIENO OBUNGA..........................................................PLAINTIFF
VERSUS
LAWRENCE OGUDA OBUNGA...............................................RESPONDENT
RULING
1. The applicant/plaintiff, Benard Otieno Obunga through M/S. Nyauke and Company Advocates generated this suit by way of an originating summons dated 25th May 2016. He is seeking, inter alia, a declaration that he has acquired the suit land, LR. No. East Kanyada/Kayadier/3465 by way of adverse possession.
2. On 13th January 2022, M/S Nyauke and Company Advocates for the applicant and M/S. Owade and Company Advocates for the Respondent, Lawrence Oguda Obunga filed herein a consent dated 10th January 2022 that the suit be marked as withdrawn. That there be no orders as to costs.
3. Today, the 24th January 2022, M/S Nyauke counsel for the applicant and Mr. Owino holding brief for Mr. Owade counsel for the Respondent, have confirmed the said consent. This court is urged to adopt the same.
4. Having heard counsel for the respective parties and noted the consent referred to in paragraph 2 herein above and in the spirit of Article 159(2)(b) of the Constitution of Kenya, 2010 and the decision in Butt –versus -Rent Restriction Tribunal(1979) eKLR, the consent is adopted accordingly.
5. For clarity, it is hereby ordered that:
a) The instant suit is marked as withdrawn.
b) There be no order as to costs.
DATED AND DELIVERED AT HOMA BAY THIS 24TH JANUARY 2022
G.M.A ONG’ONDO
JUDGE
In the presence of:
i) Mr. Nyauke learned Counsel for the Plaintiff.
ii) Mr. Migele holding brief for Mr. Owade learned Counsel for Defendant
iii) Okello, court assistant
G.M.A ONG’ONDO
JUDGE