[2024] KEELC 6556 (KLR)
The court accepted the plaintiff's request to withdraw the suit before the preliminary objection was determined. The withdrawal was recorded in the presence of both parties' counsel. The court ordered that the suit be marked as withdrawn and that costs be agreed upon or taxed, in accordance with the Civil Procedure...
Source-derived case information.
- Citation
- [2024] KEELC 6556 (KLR)
- Parties
- Plaintiff: Lawrence Kazungu Ndoro; Defendant: Peterson Ndungu Gikonyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal Before Preliminary Objection
- Outcome
- Suit marked as withdrawn. Costs to be agreed on or taxed. File closed.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Costs Award, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Kazungu Ndoro
Plaintiff
Peterson Ndungu Gikonyo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal Before Preliminary Objection
Legal Issues
- 1 Whether the suit should be marked as withdrawn upon the plaintiff's request.
- 2 Whether costs should be agreed upon or taxed following withdrawal.
Ratio Decidendi
The court accepted the plaintiff's request to withdraw the suit before the preliminary objection was determined. The withdrawal was recorded in the presence of both parties' counsel. The court ordered that the suit be marked as withdrawn and that costs be agreed upon or taxed, in accordance with the Civil Procedure Rules. The file was ordered closed, bringing the proceedings to an end without a determination on the merits of the preliminary objection or the substantive dispute.
Court Disposition
Suit marked as withdrawn. Costs to be agreed on or taxed. File closed.
Orders
- The suit is marked as withdrawn.
- Costs to be agreed on or taxed.
Full Case Text
Judgment text and source record
17 paragraphs
Ndoro v Gikonyo (Environment & Land Case 1 of 2022) [2024] KEELC 6556 (KLR) (2 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6556 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 1 of 2022
FM Njoroge, J
October 2, 2024
Between
Lawrence Kazungu Ndoro
Plaintiff
and
Peterson Ndungu Gikonyo
Defendant
Ruling
1. This matter was to come up for a ruling today on a Notice of Preliminary Objection. However, in the morning and before any ruing was read Ms Otieno, and her colleague for the defendant appeared before court virtually and sought to have the matter mentioned to record a withdrawal of entire suit. This court agreed and set the matter down for mention at 2. 30 p.m. At 2. 30 p.m., both counsel for both parties appeared and the notice of withdrawal was availed and in the presence of Mr Mkomba, Ms Otieno asked that the suit be marked as withdrawn and the same was marked as withdrawn and costs to be agreed on or taxed.
2. File to be closed.
DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 2ND DAY OF OCTOBER 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI