[2023] KEELC 18383 (KLR)
The court found that the application for withdrawal of the appeal was merited as both parties had resolved their dispute and the respondent had no objection, subject to costs. Given the relationship between the parties and the agreement on costs, the court allowed the withdrawal of the appeal and ordered the...
Source-derived case information.
- Citation
- [2023] KEELC 18383 (KLR)
- Parties
- Appellant: Clement Toko Odindo; Respondent: Michael Aseto Odindo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 19 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn by consent with costs to the respondent.
- Judges
- GMA Ongondo
- Legal Topics
- Appeal Withdrawal, Costs Award, Amicable Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clement Toko Odindo
Appellant
Michael Aseto Odindo
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn by consent of the parties.
- 2 Whether costs should be awarded to the respondent upon withdrawal of the appeal.
Ratio Decidendi
The court found that the application for withdrawal of the appeal was merited as both parties had resolved their dispute and the respondent had no objection, subject to costs. Given the relationship between the parties and the agreement on costs, the court allowed the withdrawal of the appeal and ordered the appellant to pay Kshs 30,000 to the respondent within 30 days.
Court Disposition
Appeal withdrawn by consent with costs to the respondent.
Orders
- The appeal is withdrawn.
- The appellant shall pay Kshs 30,000 to the respondent as costs within 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
Odindo v Odindo (Environment and Land Appeal 19 of 2022) [2023] KEELC 18383 (KLR) (29 May 2023) (Ruling)
Neutral citation: [2023] KEELC 18383 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 19 of 2022
GMA Ongondo, J
May 29, 2023
Between
Clement Toko Odindo
Appellant
and
Michael Aseto Odindo
Respondent
Ruling
1. Ms Aluoch Odera learned counsel for the appellant has applied for withdrawal of this appeal as the parties are related and have resolved their dispute.
2. Mr Ojala learned counsel for the respondent has no objection for the withdrawal of the appeal subject to costs agreed by the parties.
3. In the circumstances, the application is merited.
4. So, this appeal is hereby withdrawn with costs of Kshs 30,000 to the respondent payable within the next 30 days from this date in view of the relationship between the parties herein.
5. It is so ordered.
DATED, DELIVERED AND SIGNED AT HOMABAY THIS 29TH MAY OF 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Ms. Aluoch Odera learned counsel for appellant.2. Mr. Ojala learned counsel for respondent.3. Court Assistant, Okello and Mutiva.