[2023] KEELC 15825 (KLR)
The court found that the appellant's application to withdraw the appeal was merited, considering his lack of legal representation and intention to pursue another appeal. The court exercised its discretion to allow the withdrawal, and, applying the principle that costs follow the event, ordered the appellant to bear...
Source-derived case information.
- Citation
- [2023] KEELC 15825 (KLR)
- Parties
- Appellant: John Odero Okombo; Respondent: Samson Ooko Ajwang
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 12 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn; costs awarded to the respondent.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs Award, Court Discretion, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Odero Okombo
Appellant
Samson Ooko Ajwang
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appellant should be allowed to withdraw the appeal.
- 2 Who should bear the costs upon withdrawal of the appeal.
Ratio Decidendi
The court found that the appellant's application to withdraw the appeal was merited, considering his lack of legal representation and intention to pursue another appeal. The court exercised its discretion to allow the withdrawal, and, applying the principle that costs follow the event, ordered the appellant to bear the costs of the appeal. The court was guided by the relevant statutory provisions and the need to facilitate the just and expeditious resolution of disputes.
Court Disposition
Appeal withdrawn; costs awarded to the respondent.
Orders
- The appeal is marked as withdrawn.
- The appellant shall bear the costs of the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
Okombo v Ajwang (Environment and Land Appeal 12 of 2022) [2023] KEELC 15825 (KLR) (1 March 2023) (Ruling)
Neutral citation: [2023] KEELC 15825 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 12 of 2022
GMA Ongondo, J
March 1, 2023
(FORMERLY MIGORI ELC APPEAL NO 6 OF 2017)
Between
John Odero Okombo
Appellant
and
Samson Ooko Ajwang
Respondent
(Being an appeal from the judgment of the learned Justice Asike Makhandia J on the 13th July 2010)
Ruling
1. The appellant, John Odero Okombo who appears in person has prayed for withdrawal of this entire appeal on the grounds,inter alia;a.It would be difficult to argue the appeal since he is unrepresented.b.He intends to pursue an appeal from this court’s ruling rendered on May 31, 2022.
2. Mr Robert Ochieng, learned counsel for the respondent, Samson Ooko Ajwang, has no objection to the application save for costs of the appeal.
3. I bear in mind the character of the appeal and the appellant’s application. Further, I am guided by Article 159 (2) (b) and (d) of the Constitution of Kenya, 2010 , sections 3 and 19 of the Environment and Land Court Act 2015, (2011) and sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya.
4. In the result, the appellant’s prayer is merited and this appeal is hereby marked as withdrawn.
5. As regards costs, the same follow the event and within the discretion of the court as per the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya; see also Rai-vs-Rai (2014) eKLR.
6. In the obtaining circumstances, the appellant shall bear the costs of this appeal.
7. Ordered accordingly.
DATED AND DELIVERED AT HOMA BAY THIS 1ST MARCH 2023G. M. A ONG’ONDOJUDGEPRESENTa. Appellant in person.b. Mr. Robert Ochieng, learned counsel for the respondentc. A. Okello, court assistant.