[2023] KEELC 17596 (KLR)
The court found that the appellant's application to withdraw the appeal was merited, as the parties were engaged in negotiations to settle the matter and there was no longer a need for the appeal to proceed. The court exercised its discretion to allow the withdrawal and, considering the circumstances, made no order...
Source-derived case information.
- Citation
- [2023] KEELC 17596 (KLR)
- Parties
- Appellant: Jane Nyambawa Makedi; Respondent: Joseph Wolyce Ondiege
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E044 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- Appeal withdrawn with no order as to costs.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, Settlement Negotiations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jane Nyambawa Makedi
Appellant
Joseph Wolyce Ondiege
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as requested by the appellant.
- 2 Whether any orders as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant's application to withdraw the appeal was merited, as the parties were engaged in negotiations to settle the matter and there was no longer a need for the appeal to proceed. The court exercised its discretion to allow the withdrawal and, considering the circumstances, made no order as to costs. The withdrawal was effected in accordance with the notice filed by the appellant, and the appeal was marked as withdrawn.
Court Disposition
Appeal withdrawn with no order as to costs.
Orders
- The appeal is marked as withdrawn as per the notice dated April 14, 2023.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Makedi v Ondiege (Environment and Land Appeal E044 of 2022) [2023] KEELC 17596 (KLR) (25 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17596 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E044 of 2022
GMA Ongondo, J
May 25, 2023
Between
Jane Nyambawa Makedi
Appellant
and
Joseph Wolyce Ondiege
Respondent
(Appeal from the Judgement of Hon. E.M Onzere, PM, in Ndhiwa ELC No. 22 of 2019 delivered on the 14th September, 2022)
Ruling
1. Ms. Oriche instructed by Veronica Migai and Company Advocates, has applied that:“Record of appeal not filed. we pray to withdraw this appeal as per our notice dated April 11, 2023. The parties are negotiating with a view to settling with matter. Therefore, no need to have this appeal in court”.
2. This appeal was generated by way of a memorandum of appeal dated September 27, 2022 based on grounds 1 to 7 set out on it’s face. I find it superfluous to reproduce the grounds in this ruling.
3. In view of the above, the appellant’s applications is merited.
4. Thus, this appeal is hereby marked as withdrawn with no orders as to costs as per the notice dated April 14, 2023 herein.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 25TH DAY OF MAY 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Ms. Oriche holding brief for Migai for appellant.2. Court Assistant, Mutiva.