[2018] KEELC 4161 (KLR)
The court found that the parties had resolved the dispute and consented to the withdrawal of the suit. The withdrawal was in conformity with Order 25 of the Civil Procedure Rules, 2010 and Article 159(2)(c) of the Constitution, which encourages settlement of disputes out of court. The court exercised its discretion...
Source-derived case information.
- Citation
- [2018] KEELC 4161 (KLR)
- Parties
- Plaintiff: John Peter Isoe; Defendant: Samwel Ombaso
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 330 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal of Suit
- Outcome
- Suit withdrawn by consent; costs to be borne by the plaintiff.
- Judges
- GMA Ongondo
- Legal Topics
- Vacant Possession, Mesne Profits, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Peter Isoe
Plaintiff
Samwel Ombaso
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the suit should be withdrawn by consent of the parties.
- 2 Who should bear the costs of the withdrawn suit.
Ratio Decidendi
The court found that the parties had resolved the dispute and consented to the withdrawal of the suit. The withdrawal was in conformity with Order 25 of the Civil Procedure Rules, 2010 and Article 159(2)(c) of the Constitution, which encourages settlement of disputes out of court. The court exercised its discretion to allow the withdrawal and ordered that costs be borne by the plaintiff, as requested by the defendant and agreed by the parties.
Court Disposition
Suit withdrawn by consent; costs to be borne by the plaintiff.
Orders
- The suit is marked as withdrawn.
- Costs of the suit shall be borne by the plaintiff.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
ELC CASE NO. 330 OF 2017
JOHN PETER ISOE………...……….………………………………..PLAINTIFF
VERSUS
SAMWEL OMBASO……………………………………………….. DEFENDANT
RULING
1. The plaintiff who is represented by learned counsel Edward Kisia filed this suit by way of a plaint dated 11/4/2017 against the defendant. He seeks vacant possession of land parcel NO. BUKIRA/BURIMONONO/659, mesne profit and costs of the suit.
2. On his statement of defence dated 13/7/2017, the defendant who is represented by learned counsel R. Abisai, denied the plaintiff’s claim. He stated that the suit disclosed no reasonable cause of action and intended to apply for it to be struck out.
3. I have noted the entire plaint and the entire defence together with the prayer to have the suit withdrawn with an order that costs shall be borne by the plaintiff.
4. Learned counsel for the respective have informed the court that the parties have resolved the matter and that the suit be withdrawn with costs to the plaintiff.
5. I find the request to have the suit withdrawn in conformity with Order 25 Civil Procedure Rules, 2010 and Article 159 (2) (c ) of the Constitution of Kenya, 2010 and the case of Council of Governors Vs. Senate & Anor (2014) KLR- SCK.
6. I accordingly allow the request for the withdrawal of the suit. It is marked as withdrawn.
7. Costs of the suit shall be borne by the plaintiff.
G.M.A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATED in open court at MIGORI this 29th day of January 2018.
G. M. A. ONGONDO
JUDGE
In the presence of:
Mr. Kisia counsel for the plaintiff
Mr. Abisai counsel for the defendant
Tom Maurice -Court assistant
G. M. A. ONGONDO
JUDGE