[2024] KEELC 5758 (KLR)
The court found that the applicant was entitled to withdraw the application dated 13th May 2024 as there was no demonstration of bad faith or prejudice to the respondents. The withdrawal was not opposed by the respondents. The court relied on the principle that withdrawal of applications is permissible in the...
Source-derived case information.
- Citation
- [2024] KEELC 5758 (KLR)
- Parties
- Applicant: Samwel Chacha Nyabihiri; Respondent: Suguta Nyabihiri; Respondent: Robi Bukira Nyabihiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 92 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn by consent; each party to bear own costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Stay of Sale, Land Disputes, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Chacha Nyabihiri
Applicant
Suguta Nyabihiri
Respondent
Robi Bukira Nyabihiri
Respondent
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant is entitled to withdraw the application dated 13th May 2024.
- 2 Whether there is any demonstrated bad faith in the withdrawal of the application.
- 3 Who should bear the costs of the withdrawn application.
Ratio Decidendi
The court found that the applicant was entitled to withdraw the application dated 13th May 2024 as there was no demonstration of bad faith or prejudice to the respondents. The withdrawal was not opposed by the respondents. The court relied on the principle that withdrawal of applications is permissible in the absence of bad faith, as established in Oscar Oluoch Ouma Kabote and Loice Kawaka & others [2022] eKLR. Consequently, the application was marked as withdrawn and each party was ordered to bear their own costs.
Court Disposition
Application withdrawn by consent; each party to bear own costs.
Orders
- The application dated 13th May 2024 is marked as withdrawn.
- Each party shall bear their respective costs.
Full Case Text
Judgment text and source record
24 paragraphs
Nyabihiri & another v Nyabihiri (Environment & Land Case 92 of 2018) [2024] KEELC 5758 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5758 (KLR)
Republic of Kenya
In the Environment and Land Court at Migori
Environment & Land Case 92 of 2018
GMA Ongondo, J
July 22, 2024
Between
Suguta Nyabihiri
1st Respondent
Robi Bukira Nyabihiri
2nd Respondent
and
Samwel Chacha Nyabihiri
Applicant
Ruling
1. This ruling is with regard to an application by way of a Notice of Motion dated 13th May 2024 by the applicant/defendant through Orina and Company Advocates for, inter alia, that there be stay of sale, transfer and disposal of a quarter of land reference Bukira/Bwisaboka/702 pending the outcome of the intended review of the judgment herein, the applicant to reopen the case, amend the pleadings and set suit down for hearing.
2. Mr S. Orina learned counsel for the applicant/defendant has applied for the withdrawal of the application to enable the applicant regularise the position herein.
3. Mr Agure Odero learned counsel for the respondents/plaintiffs has no opposition to the prayer for withdrawal of the application.
4. In the foregone, the applicant is entitled to withdraw the application as he has not demonstrated any bad faith herein as noted in Oscar Oluoch Ouma Kabote and Loice Kawaka & others [2022] eKLR.
5. To that end, I find merit in the prayer for withdrawal of the application.
6. Accordingly, the application dated 13th May 2024, be and is hereby marked as withdrawn and each party shall bear their respective costs.
7. It is so ordered.
DATED,SIGNED AND DELIVERED IN OPEN COURT AT MIGORI THIS 22ND DAY OF JULY, 2024. G.M.A. ONGONDOJUDGEIn Presence of :-Mr S Orina learned counsel for the applicant/defendantMr Agure Odero learned counsel for the respondents/plaintiffsMr Tom Maurice, Court Assistant