[2023] KEELC 20360 (KLR)
The court found that the appellant's notice of withdrawal of the appeal was meritorious and, in the absence of opposition or exceptional circumstances, allowed the withdrawal. The court exercised its discretion to make no order as to costs, thereby closing the matter without further liability for either party...
Source-derived case information.
- Citation
- [2023] KEELC 20360 (KLR)
- Parties
- Appellant: Kevin Odhiambo Jomo; Respondent: Peres Awuor Lwande
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E022 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Appeal
- Outcome
- appeal withdrawn with no order as to costs
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs Award, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Odhiambo Jomo
Appellant
Peres Awuor Lwande
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as per the appellant's notice of withdrawal.
- 2 Whether any orders as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant's notice of withdrawal of the appeal was meritorious and, in the absence of opposition or exceptional circumstances, allowed the withdrawal. The court exercised its discretion to make no order as to costs, thereby closing the matter without further liability for either party regarding costs in both the subordinate court and the appellate court.
Court Disposition
appeal withdrawn with no order as to costs
Orders
- The appeal is withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Jomo v Lwande (Environment and Land Appeal E022 of 2022) [2023] KEELC 20360 (KLR) (3 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20360 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E022 of 2022
GMA Ongondo, J
October 3, 2023
Between
Kevin Odhiambo Jomo
Appellant
and
Peres Awuor Lwande
Respondent
Ruling
1. The Present appeal was generated by the appellant through Aluoch Odera and Nyauke Advocates by a memorandum of appeal dated June 27, 2022 on the ground;a.The Learned Magistrate erred in laws in failing to review part its judgment in terms of costs while there was an outright error apparent on the face of record.
2. Wherefore, the appellant is seeking that;a.The Honourable Court be pleased to quash and or set aside the decision of the Subordinate Court in terms of award for costs and instead make an order for costs payable by the Respondent to the Appellant both in the Subordinate Court and the High Court.
3. By a notice of withdrawal of appeal dated February 20, 2023 filed on February 21, 2023, the appellant states that he:“wishes to withdraw this appeal with no orders as to costs and this matter marked closed”
4. Mr Nyakwamba holding brief for Odera learned counsel for the appellant has urged this court to allow the notice of withdrawal.
5. In the circumstances, the said notice is meritorious.
6. So, the instant appeal is hereby withdrawn with no orders as to costs.
7. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 3RD DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGEPresent.1. Mr. Nyakwamba holding brief for Mr. Odera for appellant.2. Court Assistant, Terence.