[2017] KEELC 3850 (KLR)
The court allowed the withdrawal of the suit after being satisfied that both parties, through their advocates, had resolved the dispute regarding the declaration and transfer of the suit land. There being no objection from the defendants and both sides confirming the settlement, the court found it appropriate to...
Source-derived case information.
- Citation
- [2017] KEELC 3850 (KLR)
- Parties
- Plaintiff: Gershon Okello Ombok; Plaintiff: Maricus Otieno Okello; Defendant: Harrison Okello Babu; Defendant: Alfred Onkendi Onserio
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 607 of 2017
- Procedural Posture
- Land Case / Withdrawal at Mention
- Outcome
- Suit withdrawn by consent with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Suit, Declaration of Title, Transfer of Land, Settlement Out of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gershon Okello Ombok
Plaintiff
Maricus Otieno Okello
Plaintiff
Harrison Okello Babu
Defendant
Alfred Onkendi Onserio
Defendant
Procedural Posture
Land Case / Withdrawal at Mention
Legal Issues
- 1 Whether the suit should be withdrawn following settlement by the parties.
- 2 Whether any orders as to costs should be made upon withdrawal.
Ratio Decidendi
The court allowed the withdrawal of the suit after being satisfied that both parties, through their advocates, had resolved the dispute regarding the declaration and transfer of the suit land. There being no objection from the defendants and both sides confirming the settlement, the court found it appropriate to permit withdrawal without making any order as to costs. This approach is consistent with the principle that parties who amicably resolve their disputes should not be penalized with costs unless there are exceptional circumstances.
Court Disposition
Suit withdrawn by consent with no order as to costs.
Orders
- The suit is withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
ENVIRONMENT AND LAND COURT
ELC NO. 607 OF 2017
GERSHON OKELLO OMBOK..................................1ST PLAINTIFF
MARICUS OTIENO OKELLO..................................2ND PLAINTIFF
-versus-
HARRISON OKELLO BABU…………………….1ST DEFENDANT
ALFRED ONKENDI ONSERIO……..……………2ND DEFENDANT
RULING
1. This case is for mention today. Mr. Kisera counsel holding brief for Kwanga Mboya for the Plaintiff has informed this court that the parties have resolved the matter and wish to have suit withdrawn.
2. Mr. Abisai for the Defendant has no objection. He has confirmed that the parties have resolved case.
3. The claim is in respect to a declaration and transfer of suit land SUNA EAST/WASWETA 1/9243. Both parties who are represented, have resolved the dispute. I applaud them thereof;
4. I accordingly allow the withdrawal of the suit with no orders as to costs.
DELIVERED, DATEDand SIGNEDat MIGORI this 7th day of November 2017.
G. ONGONDO
JUDGE
In presence of :-
Mr. Kisia Advocate – Present
Mr. Abisai Advocate – Present
Tom Maurice – Court Assistant.