[2018] KEELC 3193 (KLR)
The court found that both parties, through their respective advocates, had consented to the withdrawal of the 1st plaintiff, Cecilio Murango Mwenda, from the suit. The court adopted the consent as its order, thereby discontinuing the 1st plaintiff from the proceedings. No order as to costs was made, reflecting the...
Source-derived case information.
- Citation
- [2018] KEELC 3193 (KLR)
- Parties
- Plaintiff: Cecilio Murango Mwenda; Defendant: Isaac Kimathi Ikunga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2017
- Procedural Posture
- Land and Property Suit / Interlocutory Ruling on Withdrawal of Party
- Outcome
- 1st plaintiff discontinued from suit by consent; no order as to costs; directions for amendment of plaint and further proceedings.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Party, Consent Orders, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilio Murango Mwenda
Plaintiff
Isaac Kimathi Ikunga
Defendant
Procedural Posture
Land and Property Suit / Interlocutory Ruling on Withdrawal of Party
Legal Issues
- 1 Whether the 1st plaintiff should be discontinued from the suit by consent of the parties.
- 2 Whether any costs should be awarded as a result of the withdrawal.
- 3 Whether the plaint should be amended following the withdrawal of the 1st plaintiff.
Ratio Decidendi
The court found that both parties, through their respective advocates, had consented to the withdrawal of the 1st plaintiff, Cecilio Murango Mwenda, from the suit. The court adopted the consent as its order, thereby discontinuing the 1st plaintiff from the proceedings. No order as to costs was made, reflecting the parties' agreement. The court further directed the remaining plaintiffs to amend their plaint and file and exchange the necessary documents within 14 days, ensuring the suit could proceed efficiently. The hearing date for the main suit was set, and the court emphasized the binding nature of the consent and the procedural steps to follow after the withdrawal.
Court Disposition
1st plaintiff discontinued from suit by consent; no order as to costs; directions for amendment of plaint and further proceedings.
Orders
- The 1st plaintiff, Cecilio Murango Mwenda, is discontinued from the suit.
- No order as to costs is made.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 18 OF 2017
FORMERLY MERU ELC 66 OF 2016
CECILIO MURANGO MWENDA & 2 OTHERS..................PLAINTIFFS
VERSUS
ISAAC KIMATHI IKUNGA..................................................DEFENDANT
RULING
1. On 28th May, 2018, Mr. Kiogora Arithi, advocate, informed the court that the 1st plaintiff, advocate Cecilio Murango Mwenda, wished to withdraw from the suit as culturally his clan and the defendants were required not to involve themselves in disputes. If they did so, Mr Kiogora said, this would portend calamities for both clans. For this reason, he orally asked the court to order that the 1st plaintiff’s name be expunged from the suit.
2. Mr. Manasses Kariuki for the defendant told the court that he was not opposed to the removal of Mr. Cecilio Murango Mwenda, the 1st plaintiff, from the suit. He proffered a consent to that effect which reads:
CONSENT
“By consent of the parties and their respective advocates, the 1st Plaintiff CECILIO MURANGO MWENDA be and is hereby discontinued from this suit. No order as to costs.”
Signed 28. 5.2018
Kiogora Arithi & Associates
Advocates for the plaintiff
Signed 28. 5.2018
Mithega & Kariuki
Advocates for the defendant
3. This consent is adopted as an order of this court.
4. Consequently, the name of CECILIO MURANGO MWENDA is removedfrom the suit as the 1st plaintiff.
5. No costs are awarded to any of the parties.
6. The plaintiffs should amendtheir plaint and file and exchange apposite documents within 14 days of today.
7. Hearing of the main suit will take place on 2nd July, 2018.
8. It is so ordered.
Delivered in open Court at Chuka this 28th day of May, 2018 in the presence of:
CA: Ndegwa
Kiogora Arithi for the plaintiffs
Manasses Kariuki for the defendant
P.M. NJOROGE
JUDGE