[2017] KEELC 625 (KLR)
The court accepted the plaintiff's advocate's indication to withdraw the suit. In accordance with the Civil Procedure Rules, the court marked the suit as withdrawn and disposed of. The court further directed that costs be agreed upon by the parties, and in default, assessed by the Deputy Registrar. The matter was...
Source-derived case information.
- Citation
- [2017] KEELC 625 (KLR)
- Parties
- Plaintiff: Geoffrey Mwikamba Ndatho suing as the legal representative of Ndatho Mirugi; Defendant: Mwenda Rangani; Defendant: Daniel Nthatu; Defendant: Joseph Gitonga; Defendant: Gerald Njagi; Defendant: Mukundi Kabui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 231 of 2017
- Procedural Posture
- Land and Property Suit / Withdrawal Ruling
- Outcome
- Suit withdrawn and disposed of.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Award, Case Disposal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mwikamba Ndatho suing as the legal representative of Ndatho Mirugi
Plaintiff
Mwenda Rangani
Defendant
Daniel Nthatu
Defendant
Joseph Gitonga
Defendant
Gerald Njagi
Defendant
Mukundi Kabui
Defendant
Procedural Posture
Land and Property Suit / Withdrawal Ruling
Legal Issues
- 1 Whether the suit should be marked as withdrawn as intimated by the plaintiff's advocate.
- 2 How costs should be determined following the withdrawal of the suit.
Ratio Decidendi
The court accepted the plaintiff's advocate's indication to withdraw the suit. In accordance with the Civil Procedure Rules, the court marked the suit as withdrawn and disposed of. The court further directed that costs be agreed upon by the parties, and in default, assessed by the Deputy Registrar. The matter was accordingly removed from the register of pending cases, finalizing the proceedings.
Court Disposition
Suit withdrawn and disposed of.
Orders
- The suit is marked as withdrawn.
- Costs to be agreed by the parties, and in default, to be assessed by the Deputy Registrar.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 231 OF 2017
FORMERLY MERU ELC CASE NO.137 OF 2016
GEOFFREY MWIKAMBA NDATHO SUING AS THE LEGAL
REPRESENTATIVE OF NDATHO MIRUGI...........PLAINTIFF
VERSUS
MWENDA RANGANI.................................1ST DEFENDANT
DANIEL NTHATU.......................................2ND DEFENDANT
JOSEPH GITONGA....................................3RD DEFENDANT
GERALD NJAGI...........................................4TH DEFENDANT
MUKUNDI KABUI........................................5TH DEFENDANT
RULING
1. As intimated by advocate Ondari for the plaintiff on 14. 11. 2017, this suit is marked as withdrawn.
2. Costs are to be agreed by the parties, and in default are to be assessed by this court’s Deputy Registrar.
3. This matter is marked as disposed of and should be removed from the register of pending cases.
4. It is so ordered.
Delivered in open court at Chuka this 14th day of December, 2017 in the presence of:
CA: Ndegwa
Parties absent
P. M. NJOROGE
JUDGE