[2023] KEELC 16043 (KLR)
The court found that the application for withdrawal of the appeal was merited, as the appellant had made the request and the respondent had been duly notified but chose not to appear or object. The court relied on established principles that allow for withdrawal of appeals with appropriate notice and discretion as...
Source-derived case information.
- Citation
- [2023] KEELC 16043 (KLR)
- Parties
- Appellant: Gideon Macleans Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala -Deceased); Respondent: Kennedy Odhiambo Ongid
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E25 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn by consent; parties to agree on costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Macleans Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala -Deceased)
Appellant
Kennedy Odhiambo Ongid
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as per the applicant's request.
- 2 Whether costs should be agreed upon by the parties after withdrawal of the appeal.
Ratio Decidendi
The court found that the application for withdrawal of the appeal was merited, as the appellant had made the request and the respondent had been duly notified but chose not to appear or object. The court relied on established principles that allow for withdrawal of appeals with appropriate notice and discretion as to costs. The appeal was accordingly marked as withdrawn, and the parties were directed to agree on costs.
Court Disposition
Appeal withdrawn by consent; parties to agree on costs.
Orders
- The appeal is marked as withdrawn.
- The parties to agree on costs of this appeal.
Full Case Text
Judgment text and source record
22 paragraphs
Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala -Deceased) v Ongid (Environment and Land Appeal E25 of 2022) [2023] KEELC 16043 (KLR) (8 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16043 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E25 of 2022
GMA Ongondo, J
March 8, 2023
Between
Gideon Macleans Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala -Deceased)
Appellant
and
Kennedy Odhiambo Ongid
Respondent
(Being an appeal from the Order of the Honourable SENIOR PRINCIPAL MAGISTRATE HON. B. OMWANSA (Mr.) delivered on the 13TH OF JULY 2022 in OYUGIS Senior Principal Magistrate’s Court Environment and Land Case NO. EOO2 OF 2022)
Ruling
1. This appeal was originated by a memorandum of appeal dated July 15, 2022 founded upon grounds set out on its face.
2. Ms Ochieng instructed by Kisaka, learned Counsel for the appellant has informed this court that:‘I have instructed to withdraw this appeal and orders as to costs upon agreement between the parties herein”
3. The respondent and his counsel were made aware of this date via email of March 2, 2023 at 10: 54 a.m. They opted not to appear herein, See also Ogada versus Molin(2009) KLR 620.
4. The application for withdrawal of the appeal is merited in the circumstances as held in Nicholas Kiptoo Korir Arap Salat versus IEBC and 7 others (2014) eKLR.
5. Accordingly, the applicant is allowed and this appeal is marked as withdrawn. The parties to agree on costs of this appeal.
6. It is so ordered.
DELIVERED, DATED AND SIGNED THIS 8TH DAY OF MARCH 2023G.M.A ONG’ONDOJUDGEPRESENT.a. Ms. Ochieng holding brief for Kisaka, learned counsel for the appellant.b. Court assistant, Fiona.