[2017] KEELC 3852 (KLR)
The court found that the application for withdrawal of the Notice of Motion was merited, as the main suit was set for hearing and the application had been overtaken by events. There being no objection from the respondent, the court allowed the withdrawal of the Notice of Motion with no order as to costs.
Source-derived case information.
- Citation
- [2017] KEELC 3852 (KLR)
- Parties
- Plaintiff: James Oloo Atito; Defendant: Salina Adhiambo Nyodegi; Defendant: Bernard Okoth Nyodegi; Defendant: Richard Otieno Nyodegi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 537 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Withdrawal of Application
- Outcome
- Notice of Motion marked as withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal for Want of Prosecution, Withdrawal of Application, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Oloo Atito
Plaintiff
Salina Adhiambo Nyodegi
Defendant
Bernard Okoth Nyodegi
Defendant
Richard Otieno Nyodegi
Defendant
Procedural Posture
Notice of Motion / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the Notice of Motion seeking dismissal for want of prosecution should be withdrawn without an order as to costs.
Ratio Decidendi
The court found that the application for withdrawal of the Notice of Motion was merited, as the main suit was set for hearing and the application had been overtaken by events. There being no objection from the respondent, the court allowed the withdrawal of the Notice of Motion with no order as to costs.
Court Disposition
Notice of Motion marked as withdrawn with no order as to costs.
Orders
- The Notice of Motion dated 18/2/2016 is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
ENVIRONMENT AND LAND COURT
ELC CASE NO. 537 OF 2017
(FORMERLY KISII ELC CASE NO. 387 OF 2014)
IN THE MATTER OF APPLICATION FOR THE DECLARATION OF ACQUISITION POSSESSION OF LAND REGISTERED UNDER THE REGISTERED LAND ACT
BETWEEN
JAMES OLOO ATITO…………....................PLAINTIFF
-VERSUS-
SALINA ADHIAMBO NYODEGI………1ST DEFENDANT
BERNARD OKOTH NYODEGI…………2ND DEFENDANT
RICHARD OTIENO NYODEGI…………3RD DEFENDANT
RULING
1. This ruling is in respect of a Notice of Motion dated 18/2/2016 brought under Order 17 Rule 2(1) Civil Procedure Rule (Cap 21 Laws of Kenya) In the Notice of Motion, orders sought are;-
a. Dismissal of the suit for want of prosecution
b. Costs of the application.
2. Mr. Moriasi Osoro counsel is representing the Applicants/Defendants. Mr. G.S. Okoth counsel is on record for the Respondent/Plaintiff.
3. The suit is for hearing today. The application has not been disposed of.
4. Mr. Osoro has informed the court that the Notice of Motion has been overtaken by events. He has applied to withdraw the Notice of Motion with no order as to costs.
5. Nancy Nyarige counsel holding brief for G.S. Okoth Advocate for the Plaintiff/Applicant, has no objection to the withdrawal of Notice of Motion.
6. I find the application for withdrawal merited as even the main suit is set for hearing now.
7. I accordingly mark the Notice of Motion as withdrawn with no order as to costs.
DELIVERED, DATEDand SIGNEDat MIGORI this 15th day of November 2017.
G. ONGONDO
JUDGE
In presence of :-
Mr. Moriasi Osoro counsel for the Defendant/Applicant
Ms. Nancy Nyarige for Plaintiff/Respondent
Tom Maurice – Court Assistant