[2018] KEELC 3828 (KLR)
The court found that the plaintiffs' application to withdraw the suit was merited under Order 25 of the Civil Procedure Rules, 2010. The withdrawal was not opposed by the defendant. The court further noted that such withdrawal promotes alternative dispute resolution in line with Article 159(2)(c) of the...
Source-derived case information.
- Citation
- [2018] KEELC 3828 (KLR)
- Parties
- Plaintiff: P O W (Suing on behalf of T A MINOR); Plaintiff: M O K; Defendant: O S S
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 713 of 2017
- Procedural Posture
- Land and Property Suit / Withdrawal Before Hearing
- Outcome
- Suit withdrawn with costs to the defendant.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Suit, Land Registration, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P O W (Suing on behalf of T A MINOR)
Plaintiff
M O K
Plaintiff
O S S
Defendant
Procedural Posture
Land and Property Suit / Withdrawal Before Hearing
Legal Issues
- 1 Whether the plaintiffs are entitled to withdraw the suit with costs to the defendant.
- 2 Whether the withdrawal of the suit promotes alternative dispute resolution as envisaged under Article 159(2)(c) of the Constitution.
Ratio Decidendi
The court found that the plaintiffs' application to withdraw the suit was merited under Order 25 of the Civil Procedure Rules, 2010. The withdrawal was not opposed by the defendant. The court further noted that such withdrawal promotes alternative dispute resolution in line with Article 159(2)(c) of the Constitution. Accordingly, the court allowed the withdrawal of the suit with costs to the defendant.
Court Disposition
Suit withdrawn with costs to the defendant.
Orders
- The suit is withdrawn with costs to the defendant.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MIGORI
ENVIRONMENT AND LAND COURT
ELC CASE NO. 713 OF 2017
(Formely Kisii ELC case No. 460 of 2014)
1. P O W (Suing on behalf of T A MINOR)
2. M O K................................................PLAINTIFFS
VERSUS
O S S......................................................DEFENDANT
RULING
1. The plaintiffs filed this suit way of a plaint dated 7th November 2014 against the defendants for the following orders;-
a) Deregistration of LR. NO.NORTH SAKWA /KAMRESI/[particulars withheld] measuring 2. 6 ha in the name of O S S and the same be registered wholly in the names of M O K AND P O W upon doing succession hence shall hold the title in trust for T A O.
b) Permanent injunction restraining the defendant either by himself, agents, servants or anyone claiming under the defendant from interfering, trespassing, cultivating, interfering or in any manner with the suit land L.R. NO. NORTH SAKWA/KAMRESI/[particulars withheld].
c) Cost of the suit.
d) Any other relief court shall deem fit to grant.
2. By a statement of defence dated 22/1/2015, the defendant denied the plaintiff’s claim. He sought dismissal of the suit with costs.
3. The matter is for directions today. Mr. Agure Odero learned counsel for the plaintiff has sought to have the suit withdrawn with costs to the defendant.
4. Mr. Kisera learned counsel for the defendant has no objection to the withdrawal.
5. I find instructive Order 25 of the Civil Procedure Rules, 2010 on the withdrawal of suits. Moreover, withdrawal of suit is meant to great extent promote Alternative Disputes Resolution under, Article 159 (2) (c) of the Constitution of Kenya, 2010 as observed in Munya –v- IEBC (2014) e KLR.
6. I find the application by the plaintiff’s counsel merited.
7. Accordingly, I allow the withdrawal of the suit by the plaintiff with costs to the defendant.
DELIVERED, DATED and SIGNED at MIGORI this 12th day of February 2018.
G. ONGONDO
JUDGE
In presence of :-
Mr. Agure Odero counsel for Plaintifffs
Mr. Kisera counsel for the Defendant
Court Assistant – Tom Maurice