[2023] KEELC 15929 (KLR)
The court found that the applicant's request to withdraw the suit was merited, given that the respondent's grant of letters of administration had been revoked, thereby affecting the respondent's locus standi. The respondent did not object to the withdrawal. The court exercised its discretion to allow the withdrawal...
Source-derived case information.
- Citation
- [2023] KEELC 15929 (KLR)
- Parties
- Applicant: Stephen Oloo Nyanjwa (Suing as the Legal representative of Nyanjwa Oima); Respondent: Monicah Kola Aseto (Being sued as the legal representative of Kola Nyakinda)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal Application
- Outcome
- Suit withdrawn with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Limitation of Actions, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Oloo Nyanjwa (Suing as the Legal representative of Nyanjwa Oima)
Applicant
Monicah Kola Aseto (Being sued as the legal representative of Kola Nyakinda)
Respondent
Procedural Posture
Environment and Land Case / Ruling on Withdrawal Application
Legal Issues
- 1 Whether the suit should be withdrawn following the revocation of the respondent's grant of letters of administration.
- 2 Whether the withdrawal should be with or without orders as to costs.
Ratio Decidendi
The court found that the applicant's request to withdraw the suit was merited, given that the respondent's grant of letters of administration had been revoked, thereby affecting the respondent's locus standi. The respondent did not object to the withdrawal. The court exercised its discretion to allow the withdrawal of the suit with no orders as to costs, marking the matter as closed.
Court Disposition
Suit withdrawn with no orders as to costs.
Orders
- The suit is marked as withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Nyanjwa (Suing as the Legal representative of Nyanjwa Oima) v Aseto (Being sued as the legal representative of Kola Nyakinda) (Environment & Land Case E002 of 2022) [2023] KEELC 15929 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15929 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E002 of 2022
GMA Ongondo, J
February 23, 2023
IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT AND IN THE MATTER OF LAND ACT (NO. 6 OF 2012) AND IN THE MATTER OF THE LAND REGISTRATION ACT AND IN THE MATTER OF TITLE NUMBER LR. KARACHUONYO/KAMENYA/1498 BEING A SUBDIVISION OF THE ORIGINAL TITLE NUMBER LR. KARACHUONYO/KAMENYA/744
Between
Stephen Oloo Nyanjwa (Suing as the Legal representative of Nyanjwa Oima)
Applicant
and
Monicah Kola Aseto (Being sued as the legal representative of Kola Nyakinda)
Respondent
Ruling
1. Mr. Ojala instructed by L.K Obwanda, learned counsel for the applicant/Plaintiff has made an application that his matter be marked as closed with no orders as to costs.
2. The anchorage of the application is a grant of letters of administration issued to the respondent. The plaintiff/applicant contends that the same has since been revoked hence affected her locus standi herein.
3. It must be noted that the plaintiff/applicant is claiming to have acquired the suit land reference number south Karachuonyo/Kamenya /1498 by way of adverse possession.
4. Mr. Mandela Migele, learned counsel for the defendant/respondent has no objection to the withdrawal of the suit on the terms sought by the plaintiff.
5. In the premises, I find the plaintiff’s application merited.
6. In the upshot, this suit is hereby marked as withdrawn with no orders as to costs.
7. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 23RD DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPresenta. Mr. Ojala instructed by L.K Obwanda, learned counsel for the plaintiff/applicant.b. Mr. Mandela Migele, learned counsel for the Defendant/Respondent.