[2017] KEELC 394 (KLR)

[2017] KEELC 394 (KLR)

The court allowed the withdrawal of the application for transfer of suit as requested by the applicant's counsel, exercising its discretion not to award costs to any party. The decision was based on the applicant's express request to withdraw and the absence of opposition from the respondents, as well as the court's...

Source-derived case information.

Citation
[2017] KEELC 394 (KLR)
Parties
Applicant: Philip Amolo Okengo; Respondent: Benson Onyango Nyapete; Respondent: David Amuodo Nyapete; Respondent: Lucas Ongal Nyapete
Court
Environment and Land Court
Court Station
Environment and Land Court at Migori
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Appeal 8 of 2017
Procedural Posture
Miscellaneous Application / Withdrawal of Application Before Hearing
Outcome
Application withdrawn with no order as to costs.
Judges
GMA Ongondo
Legal Topics
Transfer of Suit, Withdrawal of Application
Source Language
en
Civil Procedure Land and Property Transfer of Suit Withdrawal of Application

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Summary, issues, holding and outcome

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Parties

Philip Amolo Okengo

Applicant

Benson Onyango Nyapete

Respondent

David Amuodo Nyapete

Respondent

Lucas Ongal Nyapete

Respondent

Procedural Posture

Miscellaneous Application / Withdrawal of Application Before Hearing

Legal Issues

  1. 1 Whether the application for transfer of Migori CMCC No. 1186/2016 to the Environment and Land Court should be withdrawn without an order as to costs.

Ratio Decidendi

The court allowed the withdrawal of the application for transfer of suit as requested by the applicant's counsel, exercising its discretion not to award costs to any party. The decision was based on the applicant's express request to withdraw and the absence of opposition from the respondents, as well as the court's power under the Civil Procedure Rules and Act to permit withdrawal and determine costs. The court found no reason to penalize the applicant with costs, given the circumstances and the stage at which the withdrawal was sought.

Court Disposition

Application withdrawn with no order as to costs.

Orders

  • The application dated 15/2/17 is withdrawn.
  • There shall be no order as to costs.