[2018] KEELC 4110 (KLR)
The court found that the applicant had provided valid reasons for seeking to withdraw the application, namely that it related to a different court's matter and that he was misled into filing it. Guided by Article 159 of the Constitution and Order 25 of the Civil Procedure Rules, the court held that there was no...
Source-derived case information.
- Citation
- [2018] KEELC 4110 (KLR)
- Parties
- Applicant: George Loch Mbuya Ogola; Respondent: Florence Mugunga Okea; Respondent: Hassan Abdi Hersi & Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 891 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Execution of Decree, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Loch Mbuya Ogola
Applicant
Florence Mugunga Okea
Respondent
Hassan Abdi Hersi & Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant should be permitted to withdraw the application without an order as to costs.
- 2 Whether the application for execution of the decree in Kisumu Court of Appeal Civil Appeal No. 199 of 2001 was properly before this court.
Ratio Decidendi
The court found that the applicant had provided valid reasons for seeking to withdraw the application, namely that it related to a different court's matter and that he was misled into filing it. Guided by Article 159 of the Constitution and Order 25 of the Civil Procedure Rules, the court held that there was no reason to bar the applicant from withdrawing the application. The court further determined that the withdrawal should be allowed with no order as to costs, as the application had not been served on the respondents and no prejudice would be occasioned.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application is withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
CASE NO. 891 OF 2017
BETWEEN
GEORGE LOCH MBUYA OGOLA.........................APPLICANT
VERSUS
FLORENCE MUGUNGA OKEA...................1ST RESPONDENT
HASSAN ABDI HERSI & OTHERS.............2ND RESPONDENT
RULING
1. This application undated and unsigned by the Applicant namely George Loch Mbuya Ogola was filed on 22/12/2017 under certificate of Argency (I think he meant urgency). It seeks execution of the decree in Court of Appeal at Kisumu Civil Appeal No. 199 of 2001. The application is accompanied with documents marked L1 to L10.
2. I note that the application is yet to be served on the respondents.
3. The Applicant who appears in person has sought to withdraw the application with no orders as to costs. He has given reasons that it concerns Kisumu Court of Appeal Civil Appeal No. 199 of 2001 and that he was misled to file this application.
4. I am guided by Article 159 (2) (a) and (d) of the Constitution of Kenya 2010. I am aware of Order 25 Civil Procedure Rule, 2010 on withdrawal; discontinuation and adjustment of suits.
5. In Council of Governors -=vs= Senate and Anor (2014) eKLR (SCK), it was observed that the law allows a party to withdraw a matter and it is in consonant with Article 159 of the Constitution of Kenya 2010.
6. I find no reason of barring the applicant from withdrawing his application. He has given valid reasons thereof.
7. I accordingly allow the application to withdraw application with no ordes as to costs.
DELIVERED, SIGNED and DATED in open court at MIGORI this 18th day of JANUARY 2018.
G. M. A. ONGONDO
JUDGE
In the presence of:
The applicant, George Loch Mbuya Ogola
Mr. Tom Otieno-Court assistant
G. M. A. ONGONDO
JUDGE