[2017] KEELC 3108 (KLR)
The court accepted the appellant's request to withdraw the appeal, noting that the respondents did not oppose the withdrawal. In exercising its discretion, the court ordered that the appeal be removed from the register of pending suits and made no order as to costs. The decision was guided by the procedural rules...
Source-derived case information.
- Citation
- [2017] KEELC 3108 (KLR)
- Parties
- Appellant: Elly Joy Ciakuthe Ntabari; Respondent: M'Imwitha Rugiri; Respondent: James Mbabu Muchiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2017
- Procedural Posture
- Civil Appeal / Withdrawal Before Hearing
- Outcome
- Appeal withdrawn and removed from the register of pending suits. No order as to costs.
- Legal Topics
- Appeal Withdrawal, Want of Prosecution, Costs Award, Removal From Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elly Joy Ciakuthe Ntabari
Appellant
M'Imwitha Rugiri
Respondent
James Mbabu Muchiri
Respondent
Procedural Posture
Civil Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn upon the appellant's request.
- 2 Whether costs should be awarded upon withdrawal of the appeal.
Ratio Decidendi
The court accepted the appellant's request to withdraw the appeal, noting that the respondents did not oppose the withdrawal. In exercising its discretion, the court ordered that the appeal be removed from the register of pending suits and made no order as to costs. The decision was guided by the procedural rules allowing withdrawal of appeals and the court's discretion regarding costs in such circumstances.
Court Disposition
Appeal withdrawn and removed from the register of pending suits. No order as to costs.
Orders
- The appeal is withdrawn and removed from the register of pending suits.
- No costs are awarded.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [C.A] CASE NO 15 OF 2017
FORMERLY MERU ELC [CA] CASE NO.38 OF 2011
ELLY JOY CIAKUTHE NTABARI…..APPELLANT
VERSUS
M’IMWITHA RUGIRI………...1ST RESPONDENT
JAMES MBABU MUCHIRI….2ND RESPONDENT
RULING
1. When this matter was coming up in court on 5. 4.2017 for parties to show cause why the suit should not be dismissed for want of prosecution, Mr. Mark Muriithi, holding brief for Mr. B. G. Kariuki, for the Appellant told the court that he had instructions to have the Appeal withdrawn.
2. The respondent did not oppose the withdrawal.
3. In the circumstances this Appeal is withdrawn and should be removed from the register of pending suits.
4. No costs are awarded.
5. It is so ordered.
Delivered in open court at Chuka this 5th day of April, 2017 in the presence of:
CA: Ndegwa
Mark Muriithi h/b B.G.Kariuki for the Appellant
Elljoy Ciakuthii – Respondent
P. M. NJOROGE,
JUDGE