[2022] KEELC 3423 (KLR)
The court found that the parties had reached a settlement and the plaintiff had filed a notice of withdrawal. In the absence of the parties and to avoid wasting judicial time, the court exercised its discretion to mark the suit as withdrawn. The court further determined that there would be no order as to costs,...
Source-derived case information.
- Citation
- [2022] KEELC 3423 (KLR)
- Parties
- Plaintiff: Guracha Tadi Jaldo; Defendant: Halkano Galgalo Guyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 013 of 2021
- Procedural Posture
- Civil Suit / Withdrawal Before Hearing
- Outcome
- Suit marked as withdrawn. No order as to costs.
- Judges
- PM Njoroge
- Legal Topics
- Withdrawal of Suit, Settlement, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guracha Tadi Jaldo
Plaintiff
Halkano Galgalo Guyo
Defendant
Procedural Posture
Civil Suit / Withdrawal Before Hearing
Legal Issues
- 1 Whether the suit should be marked as withdrawn following a settlement between the parties.
- 2 Whether costs should be awarded upon withdrawal of the suit.
Ratio Decidendi
The court found that the parties had reached a settlement and the plaintiff had filed a notice of withdrawal. In the absence of the parties and to avoid wasting judicial time, the court exercised its discretion to mark the suit as withdrawn. The court further determined that there would be no order as to costs, given the consensual nature of the withdrawal and the absence of any application for costs by either party.
Court Disposition
Suit marked as withdrawn. No order as to costs.
Orders
- This suit is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Jaldo v Guyo (Environment and Land Case Civil Suit 013 of 2021) [2022] KEELC 3423 (KLR) (24 May 2022) (Judgment)
Neutral citation: [2022] KEELC 3423 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Case Civil Suit 013 of 2021
PM Njoroge, J
May 24, 2022
Between
Guracha Tadi Jaldo
Plaintiff
and
Halkano Galgalo Guyo
Defendant
Judgment
1. In this matter, the parties were directed to come to court for directions on 24/5/2022. They did not come to court.
2. On 16/5/2022, advocate Nyasani holding brief for advocate Misati told the court that the parties had reached a settlement and were desirous to withdraw the suit. Thecourt advised him to file a notice of withdrawal.
3. I note that the appellant’s advocate filed a withdrawal notice on 5/4/2022.
4. To save precious judicial time, I find it necessary to mark the suit as withdrawn, the absence of the parties in court notwithstanding.
5. The following orders are issued:a)This suit is marked as withdrawnb)There is no order as to costs.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 24TH DAY OF MAY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziParties absentHON. JUSTICE P. M. NJOROGEJUDGE