[2023] KEELC 16195 (KLR)
The court found that there was no opposition to the withdrawal of the application by the applicant's counsel, and no party sought costs. In the absence of any objection or claim for costs, the court exercised its discretion to allow the withdrawal of the application with no orders as to costs. The application dated...
Source-derived case information.
- Citation
- [2023] KEELC 16195 (KLR)
- Parties
- Applicant: John Onyango; Respondent: Orinda Asiago; Intended Interested Party: Basil Otieno Odhiambo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 9 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal of Application
- Outcome
- application withdrawn with no orders as to costs
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Costs Orders, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Onyango
Applicant
Orinda Asiago
Respondent
Basil Otieno Odhiambo
Intended Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant's counsel should be allowed to withdraw the application.
- 2 Whether costs should be awarded upon withdrawal of the application.
Ratio Decidendi
The court found that there was no opposition to the withdrawal of the application by the applicant's counsel, and no party sought costs. In the absence of any objection or claim for costs, the court exercised its discretion to allow the withdrawal of the application with no orders as to costs. The application dated January 25, 2023, was accordingly marked as withdrawn, and no further orders were made.
Court Disposition
application withdrawn with no orders as to costs
Orders
- The application dated January 25, 2023 is marked as withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Onyango v Asiago; Odhiambo (Intended Interested Party) (Environment & Land Case 9 of 2022) [2023] KEELC 16195 (KLR) (6 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16195 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 9 of 2022
GMA Ongondo, J
March 6, 2023
IN THE MATTER OF SECTION 38 OF LIMITATIONS OF ACTIONS ACT CAP 22 LAWS OF KENYA IN THE MATTER OF ORDER 37 RULE 7(1) OF THE CIVIL PROCEDURE RULES
Between
John Onyango
Applicant
and
Orinda Asiago
Respondent
and
Basil Otieno Odhiambo
Intended Interested Party
Ruling
1. On January 31, 2023, the applicant, Obiero and Associates Advocates filed as a chamber summons application dated January 25, 2023 seeking to be discharged from acting for the plaintiff, among other orders.
2. Mr Otieno Obiero, learned counsel for the applicant has applied for withdrawal of the application with no orders as to costs based on the applicant’s plea.
3. Mr Ouma instructed by Mr Odhiambo, learned Counsel for the interested party, has no issue with the application.
4. In the foregone, I find the application suitable for withdrawal.
5. Accordingly, the application dated January 21, 2023 is hereby marked as withdrawn with no orders as to costs.
6. Ordered accordingly.
DELIVERED, DATED AND SIGNED THIS 6TH DAY OF MARCH 2023G.M.A ONG’ONDOJUDGEPresent-virtuallya. Mr Otieno Obiro, learned Counsel for the applicant.b. Mr Ouma instructed by Mr Odhiambo, learned Counsel for the interested Party.