[2023] KEELC 369 (KLR)
The court allowed the withdrawal of the suit after considering the notice filed by the plaintiff and the lack of objection from the defendant. The court exercised its discretion to permit withdrawal and directed that the parties agree on the issue of costs, with further directions to be given at a later date. The...
Source-derived case information.
- Citation
- [2023] KEELC 369 (KLR)
- Parties
- Plaintiff: Syprian Njiri Jachong; Defendant: Jael Ogutu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E005 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Suit
- Outcome
- Suit withdrawn by consent; costs to be agreed by parties or determined by court.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Limitation of Actions, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Syprian Njiri Jachong
Plaintiff
Jael Ogutu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit for adverse possession.
- 2 How the issue of costs should be determined following withdrawal of the suit.
Ratio Decidendi
The court allowed the withdrawal of the suit after considering the notice filed by the plaintiff and the lack of objection from the defendant. The court exercised its discretion to permit withdrawal and directed that the parties agree on the issue of costs, with further directions to be given at a later date. The court's decision was guided by the procedural rules allowing withdrawal of suits and the need to address costs fairly between the parties.
Court Disposition
Suit withdrawn by consent; costs to be agreed by parties or determined by court.
Orders
- The notice of withdrawal of suit dated January 17, 2023 is allowed.
- The parties to agree on the issue of costs of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
Jachong v Ogutu (Environment & Land Case E005 of 2021) [2023] KEELC 369 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEELC 369 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E005 of 2021
GMA Ongondo, J
January 18, 2023
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT, CAP 22 LAWS OF KENYA. IN THE MATTER OF A CLAIM FOR ADVERSE POSSESSION PURSUANT TO SECTION 38 OF THE LIMITATION OF ACTIONS ACT AND IN THE MATTER OF LAND PARCEL NO. KAMDAR ADJUDICATION SECTION NO 3437
Between
Syprian Njiri Jachong
Plaintiff
and
Jael Ogutu
Defendant
Ruling
1. By a notice of withdrawal of suit dated January 17, 2023 and duly filed herein, the plaintiff, Syprian Njiri Jachong through the firm of Quinter Adoyo and Company Advocates, wishes to withdraw the instant suit entirely.
2. Further, the plaintiff has issued notice that he is amenable to the possibility of a discussion between his advocates on record and advocates for the defendant on the issue of costs.
3. It must be noted that the plaintiff generated the suit by way of an originating summons dated November 29, 2021 and filed in court on November 29, 2021 claiming to have acquired title over the whole of Kamder Adjudication section plot no 3437 in Homa-Bay county by adverse possession.
4. Ms Odhiambo learned counsel instructed by the firm of G S Okoth and Company Advocates for the defendant has responded to the notice that:“No objection. We can agree on costs given enough time”.
5. Upon perusal of the Notice of withdrawal dated January 17, 2023 and after hearing counsel for the respective parties herein, the said notice is hereby allowed;
6. The parties to agree on the issue of costs of the suit.
7. Further directions as regards costs on February 21, 2023.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 18TH DAY OF JANUARY 2023. G M A ONG’ONDOJUDGEPresent:1. Quinter Adoyo, learned Counsel for the plaintiff/respondent2. Ms Odhaimbo, learned Counsel instructed by M/s G S Okoth and Company Advocates for the defendant/applicant.3. Terence –Court assistant.