[2017] KEELC 421 (KLR)
The court allowed the withdrawal of the application for transfer of Kehancha PMCC No. 12 of 2015, finding the request proper in light of the cited Court of Appeal authority and the constitutional imperatives of justice and expediency. No order as to costs was made, reflecting the absence of opposition and the...
Source-derived case information.
- Citation
- [2017] KEELC 421 (KLR)
- Parties
- Applicant: Stella Ingasia; Respondent: Samwel Ambasa; Respondent: Charles Ambasa; Respondent: Nebart Ambasa; Respondent: Sella Ambasa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Appeal 23 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- Application withdrawn with no order as to costs.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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stella Ingasia
Applicant
Samwel Ambasa
Respondent
Charles Ambasa
Respondent
Nebart Ambasa
Respondent
Sella Ambasa
Respondent
Procedural Posture
Miscellaneous Application / Withdrawal of Application Before Hearing
Legal Issues
- 1 Whether the application for transfer of Kehancha PMCC No. 12 of 2015 should be withdrawn with no order as to costs.
Ratio Decidendi
The court allowed the withdrawal of the application for transfer of Kehancha PMCC No. 12 of 2015, finding the request proper in light of the cited Court of Appeal authority and the constitutional imperatives of justice and expediency. No order as to costs was made, reflecting the absence of opposition and the applicant's request.
Court Disposition
Application withdrawn with no order as to costs.
Orders
- The application dated 23/3/17 is withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
MISC CIVIL APPEAL CASE NO. 23 OF 2017
STELLA INGASIA………..………...........…..APPLICANT
VERSUS
SAMWEL AMBASA…..............…….1ST RESPONDENT
CHARLES AMBASA……............….2ND RESPONDENT
NEBART AMBASA………..............3RD RESPONDENT
SELLA AMBASA………........…..…4TH RESPONDENT
RULING
1. By a Notice of Motion dated 23/3/17 the Applicant represented by Muniko Robi Advocate sought for the transfer of Kehancha PMCC No. 12 of 2015 to this court and that costs be in the cause thereof.
2. The matter is for mention today.
3. Mr. Robi counsel for the applicant and in the absence of Mr. Kanyangi counsel for Respondent have asked the court to have the application withdrawn with no costs.
4. I find the prayers in order in view of Court of Appeal Civil Appeal No. 287/2016 and Article 159 (2) (b) and (d) Constitution, 2010.
5. I accordingly allow the withdrawal with no order as to costs.
G. M. A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATEDin open court at MIGORI this6thday of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of;
Mr. Muniko Robi counsel for the Applicant
Josephine Lori –Court Assistant