https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3058
The appellant had properly filed a notice of withdrawal, the respondent did not oppose it, and the court recognized the general right of a party to withdraw proceedings subject to the rules of court; therefore the appeal was allowed to be withdrawn and marked as withdrawn with no order as to costs.
Source-derived case information.
- Citation
- [2026] KEELC 3058 (KLR)
- Parties
- Appellant: Ezekiel Amaisa; Respondent: Nixon Kemei
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E006 of 2026
- Procedural Posture
- Land Case Appeal / Ruling on Notice of Withdrawal of Appeal
- Outcome
- Appeal withdrawn.
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Withdrawal of Appeal, Costs, Appellate Discretion, Setting Aside Judgment and Decree
- 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
Ezekiel Amaisa
Appellant
Nixon Kemei
Respondent
Procedural Posture
Land Case Appeal / Ruling on Notice of Withdrawal of Appeal
Legal Issues
- 1 Whether the appellant’s notice of withdrawal of the appeal should be allowed.
- 2 Whether costs should be awarded upon withdrawal of the appeal.
Ratio Decidendi
The appellant had properly filed a notice of withdrawal, the respondent did not oppose it, and the court recognized the general right of a party to withdraw proceedings subject to the rules of court; therefore the appeal was allowed to be withdrawn and marked as withdrawn with no order as to costs.
Court Disposition
Appeal withdrawn.
Orders
- The notice of withdrawal dated 8th April 2026 was allowed.
- The appeal was marked as withdrawn.
Full Case Text
Judgment text and source record
1 paragraphs
Amaisa v Kemei (Land Case Appeal E006 of 2026) [2026] KEELC 3058 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEELC 3058 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Land Case Appeal E006 of 2026 GMA Ongondo, J May 21, 2026 Between Ezekiel Amaisa Appellant and Nixon Kemei Respondent (Being an appeal from the Judgment and decree of Honourable Muhandia Sylivia Ashitsa (SRM) delivered on 17th February 2026 in Tinderet PMCCC E032 of 2024) Ruling 1.The appellant commenced the instant appeal by the memorandum of appeal dated 25rd February 2026 seeking orders, inter alia;a.The Appeal be allowed.b.The Judgment and Decree delivered on 17th February 2026 in MCCC/E032/2024 be set aside.c.Judgment be entered for the Appellant as prayed in the Plaint for Ksh. 361,399/= together with costs and interest. 2.The appellant appearing in person drew the attention of the court to his Notice of withdrawal dated 8th April 2026 and urged the court to allow the withdrawal of the appeal with no orders as to costs, 3.Mr. Tallam learned counsel for the Respondent informed this Honourable Court that he had just been served with the notice of withdrawal. That he had no opposition to the withdrawal of the appeal. 4.It is trite law that generally, a party has the right to withdraw a matter before court subject to the rules of the court; see Geoffrey M. Asanyo & 3 others-vs-The Attorney General (2020) eKLR. 5.So, the Notice of withdrawal dated 8th April 2026 in respect of this appeal is firm, meritorious and allowed in the circumstances. 6.Thus, the instant appeal is hereby marked as withdrawn with no orders as to costs. 7.It is so ordered, DATED AND DELIVERED AT KAPSABET THIS 21ST DAY OF MAY 2026.HON. G. M. A. ONGONDOJUDGEPresent;1. Appellant in person2. Mr. D. Tallam, learned counsel for the Respondent3. Walter Kipkorir, Court Assistant