[2023] KEELC 15967 (KLR)
The court held that the appellant is entitled to withdraw the appeal as a matter of right, guided by the principles of justice and the relevant statutory provisions. The court found the application for withdrawal meritorious and allowed it, making no order as to costs, as there was no opposition or request for costs...
Source-derived case information.
- Citation
- [2023] KEELC 15967 (KLR)
- Parties
- Appellant: Pancrasius Uliku Kuodi; Respondent: Arphazed Osomba Muny
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E014 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Withdrawal of Appeal
- Outcome
- Appeal withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs Orders, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pancrasius Uliku Kuodi
Appellant
Arphazed Osomba Muny
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Withdrawal of Appeal
Legal Issues
- 1 Whether the appellant is entitled to withdraw the appeal as of right.
- 2 Whether any order as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court held that the appellant is entitled to withdraw the appeal as a matter of right, guided by the principles of justice and the relevant statutory provisions. The court found the application for withdrawal meritorious and allowed it, making no order as to costs, as there was no opposition or request for costs from the respondent. The withdrawal was thus granted in accordance with the law and the interests of justice.
Court Disposition
Appeal withdrawn with no order as to costs.
Orders
- The appeal is hereby withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Kuodi v Muny (Environment and Land Appeal E014 of 2022) [2023] KEELC 15967 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEELC 15967 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E014 of 2022
GMA Ongondo, J
March 2, 2023
Between
Pancrasius Uliku Kuodi
Appellant
and
Arphazed Osomba Muny
Respondent
(Being an appeal from the judgment and decree of T.M Olando, Principal Magistrate in Homa Bay Chief Magistrate’s Court Environment and Land Court case number E018 OF 2021 delivered on 16th March 2022)
Ruling
1. The appellant, Pancrasius Uliku Kuodi through N Nyarige instructed by the firm of Kijana and Company Advocates has applied for withdrawal of this appeal originated by way of a memorandum of appeal dated April 19, 2022 and filed herein on April 28, 2022 with no orders as to costs.
2. The reason for the application is that appellant’s son has a similar dispute with the respondent in the same court,
3. It must be noted that the appellant has the right to terminate the appeal by way of withdrawal.
4. This court is guided by article 159 (2) (b) and (d) of theConstitution of Kenya, 2010, sections 3 and 19 of theLand and Environment Court Act, 2015 (2011) and sections 1, 1A, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya
5. In the circumstances, the appellant’s application is meritorious. The same succeeds.
6. Accordingly, this appeal is hereby withdrawn with no orders as to costs.
7. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 2ND DAY OF MARCH 2023G. M. A ONG’ONDOJUDGEPRESENT1. Nancy Nyarige instructed by E. Kijana, learned counsel for the appellant.2. Court Assistants, A. Okello and F. Mutiva.