[2023] KEELC 20041 (KLR)
The court accepted the appellant's unequivocal request to withdraw the appeal, as communicated through his advocate. There was no objection from the respondent, and the withdrawal was communicated to both parties. The court exercised its discretion not to award costs to either party, considering the circumstances of...
Source-derived case information.
- Citation
- [2023] KEELC 20041 (KLR)
- Parties
- Appellant: Diba Wario Sora; Respondent: Hussien Kalicha Golicha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case A4 of 2023
- Procedural Posture
- Environment and Land Appeal / Withdrawal Ruling
- Outcome
- Appeal marked as withdrawn. No order as to costs.
- Judges
- PM Njoroge
- Legal Topics
- Appeal Withdrawal, Costs Award, Land Dispute
- 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
Diba Wario Sora
Appellant
Hussien Kalicha Golicha
Respondent
Procedural Posture
Environment and Land Appeal / Withdrawal Ruling
Legal Issues
- 1 Whether the appeal should be marked as withdrawn upon the appellant's request.
- 2 Whether costs should be awarded upon withdrawal of the appeal.
Ratio Decidendi
The court accepted the appellant's unequivocal request to withdraw the appeal, as communicated through his advocate. There was no objection from the respondent, and the withdrawal was communicated to both parties. The court exercised its discretion not to award costs to either party, considering the circumstances of the withdrawal and the absence of opposition or further submissions from the respondent. The appeal was accordingly marked as withdrawn with no order as to costs.
Court Disposition
Appeal marked as withdrawn. No order as to costs.
Orders
- The appeal is marked as withdrawn.
- No costs are awarded.
Full Case Text
Judgment text and source record
17 paragraphs
Sora v Golicha (Environment & Land Case A4 of 2023) [2023] KEELC 20041 (KLR) (25 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20041 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case A4 of 2023
PM Njoroge, J
September 25, 2023
Between
Diba Wario Sora
Appellant
and
Hussien Kalicha Golicha
Respondent
Ruling
1. The Appellant’s Advocate L K Ondari has submitted to court a letter dated August 30, 2023. In the letter, he has indicated that his client does not want to proceed with the appeal.He asks the court to mark the appeal as withdrawn. The letter is copied to the firm of Mukira Mbaya & Co. Advocates, which firm represents the respondent.
2. The following orders are issued;-a.The appeal is marked as withdrawn.b.No costs are awarded.
DELIVERED IN OPEN COURT AT ISIOLO THIS 25TH DAY OF SEPTEMBER, 2023 IN THE PRESENCE OF:Court assistant: DengeHON. JUSTICE P.M NJOROGEJUDGE