[2021] KEELC 1229 (KLR)
The court found that since the appellants had filed a notice to withdraw the appeal in its entirety, there was no longer any substantive issue to be determined, including the preliminary objection raised by the 2nd respondent. The withdrawal rendered the preliminary objection moot. The court therefore allowed the...
Source-derived case information.
- Citation
- [2021] KEELC 1229 (KLR)
- Parties
- Appellant: Monica Auma Odeny; Appellant: Nidah Opiyo O. Dullah; Respondent: Abdirazak Hillow Ibrahim; Respondent: Mohammed Issack Ali; Respondent: National Social Security Fund
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E036 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal of Appeal
- Outcome
- appeal withdrawn with costs to the 2nd respondent
- Judges
- LC Komingoi
- Legal Topics
- Withdrawal of Appeal, Preliminary Objection, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Auma Odeny
Appellant
Nidah Opiyo O. Dullah
Appellant
Abdirazak Hillow Ibrahim
Respondent
Mohammed Issack Ali
Respondent
National Social Security Fund
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as per the notice filed by the appellants.
- 2 Whether there is need to determine the preliminary objection after withdrawal of the appeal.
- 3 Who should bear the costs upon withdrawal of the appeal.
Ratio Decidendi
The court found that since the appellants had filed a notice to withdraw the appeal in its entirety, there was no longer any substantive issue to be determined, including the preliminary objection raised by the 2nd respondent. The withdrawal rendered the preliminary objection moot. The court therefore allowed the withdrawal and awarded costs to the 2nd respondent, as they had already incurred expenses in preparing and filing submissions on the preliminary objection.
Court Disposition
appeal withdrawn with costs to the 2nd respondent
Orders
- The appeal is withdrawn in its entirety.
- Costs of the appeal are awarded to the 2nd respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC APPEAL NO. E036 OF 2020
MONICA AUMA ODENY..............................................................................1ST APPELLANT
NIDAH OPIYO O. DULLAH.........................................................................2ND APPELLANT
VERSUS
ABDIRAZAK HILLOW IBRAHIM..........................................................1ST RESPONDENT
MOHAMMED ISSACK ALI.....................................................................2ND RESPONDENT
NATIONAL SOCIAL SECUIRTY FUND.................................................3RD RESPONDENT
RULING
1. The 2nd Respondent herein filed a Preliminary Objection dated 27th October 2020. On the 8th April 2021, the court directed that the Preliminary Objection be heard first. It also directed that the parties do file and exchange written submissions. The matter came up on 22nd June 2021 to confirm filing of submissions.
2. On the 22nd June 2021 Mr. Ondabu confirmed that he had filed submissions on behalf the 2nd Respondent and sought a date for ruling.
3. As I prepared to write the ruling I went through the court record and noted that there was a notice of withdrawal of appeal dated 18th April 2021 by the Appellants. The notice sought to withdraw the Appeal in its entirety.
4. In the circumstances, I find no reason to write a ruling in respect of the Preliminary Objection. Instead I allow the withdrawal of the Appeal with costs of the 2nd Respondent.
It is so ordered.
Dated, signed and delivered in Nairobi on this 28th day of October 2021.
..........................
L. KOMINGOI
JUDGE
In the presence of:-
No appearance for the Applicants
No appearance for the Respondents
Steve - Court Assistant