[2023] KEELC 18293 (KLR)
The court allowed the withdrawal of the appeal in its entirety with no orders as to costs, recognizing and applauding the parties for resolving the dispute through alternative dispute resolution as stipulated under Article 159(2)(c) of the Constitution of Kenya, 2010. The absence of opposition to the application and...
Source-derived case information.
- Citation
- [2023] KEELC 18293 (KLR)
- Parties
- Plaintiff: Stephen Achieng Migwambo; Defendant: Aggrey Oketch Otieno
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Adr Settlement, Costs Orders, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Achieng Migwambo
Plaintiff
Aggrey Oketch Otieno
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn following settlement through alternative dispute resolution.
- 2 Whether any order as to costs should be made upon withdrawal.
Ratio Decidendi
The court allowed the withdrawal of the appeal in its entirety with no orders as to costs, recognizing and applauding the parties for resolving the dispute through alternative dispute resolution as stipulated under Article 159(2)(c) of the Constitution of Kenya, 2010. The absence of opposition to the application and the successful ADR process justified the withdrawal and the order on costs.
Court Disposition
Appeal withdrawn with no orders as to costs.
Orders
- The appeal is marked as withdrawn in its entirety.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Migwambo v Otieno (Environment & Land Case 8 of 2021) [2023] KEELC 18293 (KLR) (20 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18293 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 8 of 2021
GMA Ongondo, J
June 20, 2023
Between
Stephen Achieng Migwambo
Plaintiff
and
Aggrey Oketch Otieno
Defendant
(FORMERLY OYUGIS ELC CASE NO. 7 OF 2018)
Ruling
1. Mr Nyakwamba learned counsel for the appellant has urged this court to allow withdrawal of this appeal with no orders as to costs.
2. The anchorage of the application is that the parties have resolved this matter through alternative dispute resolution (ADR) mechanism.
3. There is no opposition to the application
4. I applaud the parties herein for resolving the instant dispute through ADR as stipulated under Article 159 (2) (c) of the Constitution of Kenya, 2010.
5. Accordingly, this appeal in entirety is marked as withdrawn with no orders as to costs.
6. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 20TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Nyakwamba, learned counsel for the appellant.2. Court Assistants, Okello and Mutiva.