[2017] KEELC 1502 (KLR)
The court accepted the appellant's request to withdraw the appeal, noting that the respondent did not oppose the withdrawal but sought costs. In accordance with the Civil Procedure Rules and the general principle that costs follow the event, the court exercised its discretion to mark the appeal as withdrawn and...
Source-derived case information.
- Citation
- [2017] KEELC 1502 (KLR)
- Parties
- Appellant: Kibugi Mbarire; Respondent: Stephen Njagi Ireri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 89 of 2017
- Procedural Posture
- Civil Appeal / Withdrawal Before Hearing
- Outcome
- Appeal withdrawn; costs to respondent.
- Judges
- FM Njoroge
- Legal Topics
- Appeal Withdrawal, Costs Award, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kibugi Mbarire
Appellant
Stephen Njagi Ireri
Respondent
Procedural Posture
Civil Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
- 2 Whether the appellant should be permitted to withdraw the appeal.
- 3 Whether the respondent is entitled to costs upon withdrawal of the appeal.
Ratio Decidendi
The court accepted the appellant's request to withdraw the appeal, noting that the respondent did not oppose the withdrawal but sought costs. In accordance with the Civil Procedure Rules and the general principle that costs follow the event, the court exercised its discretion to mark the appeal as withdrawn and awarded costs to the respondent. The withdrawal was thus allowed, and the matter was removed from the register of pending appeals.
Court Disposition
Appeal withdrawn; costs to respondent.
Orders
- The appeal is marked as withdrawn and should be removed from the list or register of pending appeals.
- Costs are awarded to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 89 OF 2017
FORMERLY MERU ELC CASE NO. 297 OF 2013
KIBUGI MBARIRE……………….APPELLANT
VERSUS
STEPHEN NJAGI IRERI………..RESPONDENT
RULING
1. Notice had been issued for parties to come to court to show cause why this appeal should not be dismissed for want of prosecution.
2. Cause was to be shown on 18. 10. 2017.
3. Advocate I. C. Mugo, for the Appellant, told the court that he had instructions from the appellant to have the appeal withdrawn.
4. Advocate Muriithi, for the respondent told the court that he was not opposed to the withdrawal but prayed for costs.
5. The following orders are granted:-
a. The appeal is marked as withdrawn and should be removed from the list or register of pending appeals.
b. Costs are awarded to the Respondent.
Delivered in open court at Chuka this 18th day of October, 2017 in the presence of:
CA: Ndegwa
IC Mugo for the Appellant
Mark Muriithi for the Respondent
P.M. NJOROGE
JUDGE