[2023] KEELC 18256 (KLR)
The court found that since the intended appellants/applicants had filed a notice of withdrawal of their application before it was served on any party, and counsel confirmed the withdrawal, there was no reason to refuse the withdrawal. The court adopted the notice of withdrawal as an order of the court, thereby...
Source-derived case information.
- Citation
- [2023] KEELC 18256 (KLR)
- Parties
- Applicant: Andronico Ondoro Ng’Iela; Applicant: Mary Achieng Ng’Iela; Respondent: Sophia Madewa Amayi; Appellant: Renard Ouma Mboya; Appellant: Caroline Kadheitsa Karani
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn; withdrawal allowed with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Joinder of Parties, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andronico Ondoro Ng’Iela
Applicant
Mary Achieng Ng’Iela
Applicant
Sophia Madewa Amayi
Respondent
Renard Ouma Mboya
Appellant
Caroline Kadheitsa Karani
Appellant
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the intended appellants/applicants should be admitted as interested or necessary parties for the purpose of pursuing an appeal against the judgment.
- 2 Whether the notice of withdrawal of the application should be allowed by the court.
Ratio Decidendi
The court found that since the intended appellants/applicants had filed a notice of withdrawal of their application before it was served on any party, and counsel confirmed the withdrawal, there was no reason to refuse the withdrawal. The court adopted the notice of withdrawal as an order of the court, thereby allowing the application to be withdrawn with no orders as to costs. The withdrawal was found to be proper and in accordance with the rules of procedure, as no party had been served or prejudiced.
Court Disposition
Application withdrawn; withdrawal allowed with no order as to costs.
Orders
- The notice of withdrawal of the application is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Ng’iela & another v Amayi; Mboya & another (Intended Appellants) (Environment & Land Case 47 of 2021) [2023] KEELC 18256 (KLR) (14 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18256 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 47 of 2021
GMA Ongondo, J
June 14, 2023
Between
Andronico Ondoro Ng’Iela
1st Applicant
Mary Achieng Ng’Iela
2nd Applicant
and
Sophia Madewa Amayi
Respondent
and
Renard Ouma Mboya
Intended Appellant
Caroline Kadheitsa Karani
Intended Appellant
Ruling
1. In theex-parte notice of motion dated May 10, 2023 (the application) the intended interested appellants through Abir Ruth and Company Advocates have sought as follows:a.Spentb.That the applicants be admitted as interested parties or necessary parties after judgment having been affected by the judgment of the honourable court for purpose pursuing an appeal only against the judgment of the court.c.That the costs of the application be in the course.
2. Notably, judgment of this honourable court regarding the suit land, reference Central Kasipul/Kamuma/13, was delivered on March 7, 2023.
3. On June 13, 2023, the intended interested appellant’s /applicants counsel filed a notice of withdrawal of the application with no orders as to costs as none of the parties have been served.
4. Mr Anyul instructed by the intended appellants/applicants counsel has confirmed the withdrawal notice. He has implored the court to adopt the same as an order of the court.
5. In the premises, I find the notice of withdrawal sound. The same be and is hereby allowed accordingly.
6. It is so ordered.
DELIVERED VIRTUALLY AT HOMABAY THIS 14TH DAY OF JUNE 2023G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Anyul holding brief for Abir Ruth for the intended interested appellant/applicants.2. Court Assistant: Okello and Mutiva.