[2017] KEELC 584 (KLR)
The court found the applicant's request to withdraw the application for transfer of suit merited and allowed the withdrawal with no orders as to costs, exercising its discretion under the Civil Procedure Rules.
Source-derived case information.
- Citation
- [2017] KEELC 584 (KLR)
- Parties
- Plaintiff: John Omolo Otambo; Respondent: Samson Odoyo Owuor
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 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- Application withdrawn with no order as to costs.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
- Transfer of Suit, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omolo Otambo
Plaintiff
Samson Odoyo Owuor
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the application for transfer of Rongo SRMC CC No. 45/2012 to the Environment and Land Court should be withdrawn without an order as to costs.
Ratio Decidendi
The court found the applicant's request to withdraw the application for transfer of suit merited and allowed the withdrawal with no orders as to costs, exercising its discretion under the Civil Procedure Rules.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application dated 20/11/2017 is marked as withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
ELC CASE NO. 5 OF 2017
JOHN OMOLO OTAMBO……….……PLAINTIFF
VERSUS
SAMSON ODOYO OWUOR……....RESPONDENT
RULING
1. A Notice of Motion dated 20/11/2017, (the application) by the applicant represented by Oguttu Mboya advocate seeks transfer of Rongo SRMC CC No. 45/2012 to this court and costs of the application.
2. Ms Mireri instructed by the applicant’s counsel has sought to have the application withdrawn with no orders as to costs.
3. I find the prayer merited and I allow it with no orders as to costs.
G.M.A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATEDin open court at MIGORI this18th day of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of:
Mr. Mireri counsel for the Applicant present
Ms. Okombo -Court assistant
G. M. A. ONGONDO
JUDGE