[2023] KEELC 17951 (KLR)
The court found that the appellant's request to withdraw the appeal was made by consent of both parties, duly signed and confirmed in open court. There was no opposition to the withdrawal, and both parties agreed to the terms. The court exercised its discretion to allow the withdrawal and, considering the...
Source-derived case information.
- Citation
- [2023] KEELC 17951 (KLR)
- Parties
- Appellant: Henry Okach; Respondent: Erick Ouma Owuor
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E006 of 2023
- Procedural Posture
- Environment and Land Appeal / Withdrawal Before Hearing
- Outcome
- Appeal withdrawn by consent with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Appeal Withdrawal, Consent Orders, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Okach
Appellant
Erick Ouma Owuor
Respondent
Procedural Posture
Environment and Land Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn as requested by the appellant.
- 2 Whether any orders as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant's request to withdraw the appeal was made by consent of both parties, duly signed and confirmed in open court. There was no opposition to the withdrawal, and both parties agreed to the terms. The court exercised its discretion to allow the withdrawal and, considering the circumstances and the consent, ordered that there be no orders as to costs. The appeal was therefore marked as withdrawn in its entirety with no further orders.
Court Disposition
Appeal withdrawn by consent with no order as to costs.
Orders
- The appeal is marked as withdrawn in its entirety.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Okach v Owuor (Environment and Land Appeal E006 of 2023) [2023] KEELC 17951 (KLR) (6 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17951 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E006 of 2023
GMA Ongondo, J
June 6, 2023
Between
Henry Okach
Appellant
and
Erick Ouma Owuor
Respondent
((Being an appeal from the ruling and order of Hon. N.N Moseti (SRM) in Mbita SPM’s court Environment and Land case number 21 of 2018 rendered on 23{{^rd}} November 2022))
Ruling
1. The appellant, Henry Okach who appears in person pursuant to a notice to act in person dated May 31, 2023 filed in court on June 2, 2023 and formerly represented by Geoffrey O. Okoth and Company Advocates, initiated this appeal by way of a memorandum of appeal dated 25th January 2023 lodged on even date. The appeal is premised upon grounds 1 to 4 stated on the face of the said memorandum.
2. By a consent datedMay 31, 2023signed by the appellant in person and the firm of Aluoch Odera and Nyauke Advocates, learned counsel for the respondent, Erick Ouma Owuor and filed herein on 2nd of June 2023, the appellant has sought the withdrawal of this appeal in entirety.
3. Both the appellant and the respondent’s counsel who are in court today have confirmed the said consent.
4. In the foregone, the appellant’s request for withdrawal of the appeal is meritorious.
5. Wherefore, this appeal is hereby marked as withdrawn with no orders as to costs.
DATED AND DELIVERED AT HOMA BAY THIS 6TH DAY OF JUNE 2023. G. M. A ONG’ONDOJUDGEPRESENT1. The appellant in person2. Mr. S. Nyauke, learned counsel for the respondent3. Terrence, Court assistant