[2022] KEELC 2427 (KLR)
The court found that the applicant's request to withdraw the application was made in the best interests of justice, as the dispute had been settled and the respondents, though notified, did not appear or object. The court relied on constitutional and statutory provisions empowering it to facilitate the just,...
Source-derived case information.
- Citation
- [2022] KEELC 2427 (KLR)
- Parties
- Applicant: Catherine Achieng Obar; Respondent: HomaBay County Land Surveyor; Respondent: HomaBay County Land Registrar & 2 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E002 of 2022
- Procedural Posture
- Judicial Review Application / Withdrawal of Application Before Hearing
- Outcome
- Application withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Judicial Review, Withdrawal of Application, Access Roads, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Achieng Obar
Applicant
HomaBay County Land Surveyor
Respondent
HomaBay County Land Registrar & 2 others
Respondent
Procedural Posture
Judicial Review Application / Withdrawal of Application Before Hearing
Legal Issues
- 1 Whether the applicant is entitled to withdraw the judicial review application without an order as to costs.
- 2 Whether the withdrawal serves the interests of justice under Article 159(2)(b) of the Constitution.
Ratio Decidendi
The court found that the applicant's request to withdraw the application was made in the best interests of justice, as the dispute had been settled and the respondents, though notified, did not appear or object. The court relied on constitutional and statutory provisions empowering it to facilitate the just, expeditious, and efficient resolution of disputes, and thus allowed the withdrawal with no order as to costs.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The chamber summons dated March 17, 2022 is withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Obar v HomaBay County Land Surveyor & 3 others (Environment and Land Judicial Review Case E002 of 2022) [2022] KEELC 2427 (KLR) (27 April 2022) (Ruling)
Neutral citation: [2022] KEELC 2427 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Judicial Review Case E002 of 2022
GMA Ongondo, J
April 27, 2022
Between
Catherine Achieng Obar
Plaintiff
and
HomaBay County Land Surveyor
1st Defendant
HomaBay County Land Registrar & 2 others
2nd Defendant
Ruling
1. On the March 18, 2022, the Applicant, Catherine Achieng Obar, through M/s Nyauke and Advocates filed an Ex-parte chamber summons dated March 17, 2022pursuant to, inter-alia, orders 3 Rule (1) (2) and 4 of the Civil Procedure Rules, 2010 (the application herein). She is seeking the orders infra;a.Spentb.Spentc.The grant of leave herein to operate as stay any intended action by the any of the respondents with regard to opening of an access road on land parcel number Suba/KaksingriWest“A”/4091 (the suit property herein)d.Costs of land incidental to the application be provided for.
2. The matter is for mention for today. The parties were notified of this date by the Deputy Registrar of this court via email on April 21, 2022at 3. 30 P.M.
3. The applicant’s counsel, Ms Odera has sought to withdraw the application with no orders as to costs. She has informed the court thus:“The instant dispute has been settled....”
4. The respondents are absent yet they were made aware of this date via email as disclosed in paragraph 2 hereinabove: see Ogada v Mollin(2009) KLR 620.
5. The application for the withdrawal of the application is made in the best ends of justice as provided for under Article 159 (2) (b) of the Constitution of Kenya, 2010, sections 3 and 19 of the Environment and Land Court Act, 2015 (2011) and Order 42 Rule 32 of the Civil Procedure Rules, 2010. Thus, the application is meritorious.
6. Accordingly, the application by way of chamber summons dated March 17, 2022, filed herein on March 12, 2022, is hereby withdrawn with no orders as to costs.
7. It is so ordered.
DATED, DELIVERED AND SIGNED AT HOMA-BAY THIS 27TH DAY OF APRIL 2022. G.M. A ONG’ONDOJUDGEPresentMs. Odera, learned counsel for applicantCourt Assistant, Terrence2| PageHOMA-BAY ELC JR E002 OF 2022