[2023] KEELC 18219 (KLR)
The court found the application for withdrawal of the appeal to be meritorious, noting that the appellant is settling the bill of costs at the magistrate's court and that the respondents did not oppose the application. In exercising its discretion, the court allowed the withdrawal of the appeal and made no order as...
Source-derived case information.
- Citation
- [2023] KEELC 18219 (KLR)
- Parties
- Appellant: Achieng Oyugi Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased); Respondent: Naftali Bondo Oyugi; Respondent: Elijah Omori Achieng; Respondent: Elijah Omollo Ochieng; Respondent: Land Registrar, Homabay; Respondent: Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 64 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Withdrawal of Appeal
- Outcome
- Appeal withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs Orders, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Achieng Oyugi Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased)
Appellant
Naftali Bondo Oyugi
Respondent
Elijah Omori Achieng
Respondent
Elijah Omollo Ochieng
Respondent
Land Registrar, Homabay
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal should be withdrawn as requested by the appellant.
- 2 Whether any order as to costs should be made upon withdrawal of the appeal.
Ratio Decidendi
The court found the application for withdrawal of the appeal to be meritorious, noting that the appellant is settling the bill of costs at the magistrate's court and that the respondents did not oppose the application. In exercising its discretion, the court allowed the withdrawal of the appeal and made no order as to costs, thereby concluding the matter without further litigation between the parties at the appellate level.
Court Disposition
Appeal withdrawn with no order as to costs.
Orders
- The appeal is hereby withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased) v Oyugi & 4 others (Environment and Land Appeal 64 of 2022) [2023] KEELC 18219 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18219 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 64 of 2022
GMA Ongondo, J
June 19, 2023
Between
Achieng Oyugi Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased)
Appellant
and
Naftali Bondo Oyugi
1st Respondent
Elijah Omori Achieng
2nd Respondent
Elijah Omollo Ochieng
3rd Respondent
Land Registrar, Homabay
4th Respondent
Hon. Attorney General
5th Respondent
(Being an Appeal from the Judgment and Decree of Hon. E.M Onzere delivered on the 7th day of December 2020 in Ndhiwa PM ELC No. 32 OF 2020)
Ruling
1. I have considered the application for the withdrawal of this appeal by Kimberly Ashley instructed by Sam Onyango learned counsel for the appellant.
2. Counsel has stated that the appellant is settling the bill of costs at the magistrate's Court.
3. Mr B Mulisa learned counsel for the respondents has no opposition to the application.
4. I, therefore, find the application meritorious.
5. A fortiori, this appeal be and is hereby withdrawn with no orders as to costs.
6. It so ordered.
DATED, DELIVERED AND SIGNED AT HOMABAY THIS 19TH DAY JUNE 2023. GMA ONG’ONDOJUDGEPRESENT.1. Ms. Kimberly Ashley instructed by Sam Onyango for the appellant.2. Mr. B. Mulisa learned counsel for the respondents.3. Court Assistants, Okello and Mutiva.