[2017] KEELC 2688 (KLR)
The court found that the plaintiff had obtained title to the suit land and that the parties, being related, had settled the dispute amicably. The application for withdrawal was made in accordance with the Civil Procedure Act and the Constitution, which encourage alternative dispute resolution and allow for...
Source-derived case information.
- Citation
- [2017] KEELC 2688 (KLR)
- Parties
- Plaintiff: Truphena Nyaboke Manyange; Defendant: Keremensia Moraa; Defendant: Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 517 of 2015
- Procedural Posture
- Land Case / Ruling on Application for Withdrawal
- Outcome
- Suit withdrawn with no order as to costs.
- Legal Topics
- Withdrawal of Suit, Alternative Dispute Resolution, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Truphena Nyaboke Manyange
Plaintiff
Keremensia Moraa
Defendant
Another
Defendant
Procedural Posture
Land Case / Ruling on Application for Withdrawal
Legal Issues
- 1 Whether the suit should be withdrawn as requested by the plaintiff.
- 2 Whether costs should be awarded upon withdrawal of the suit.
Ratio Decidendi
The court found that the plaintiff had obtained title to the suit land and that the parties, being related, had settled the dispute amicably. The application for withdrawal was made in accordance with the Civil Procedure Act and the Constitution, which encourage alternative dispute resolution and allow for withdrawal of suits. The court exercised its discretion to allow the withdrawal without making any order as to costs, noting the absence of the defendants and the amicable settlement reached by the parties.
Court Disposition
Suit withdrawn with no order as to costs.
Orders
- The suit is withdrawn as prayed.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT KISII
CASE NO. 517 OF 2015
TRUPHENA NYABOKE MANYANGE ………………….PLAINTIFF
VERSUS
KEREMENSIA MORAA & ANOTHER …………....DEFENDANTS
R U L I N G
1. Mr. J. Abobo counsel for the plaintiff has applied to this court to have the suit withdrawn with no order as to costs. He has given the following reasons:
a) The plaintiff has obtained title deed to the suit land.
b) The plaintiff and the defendants are related.
c) The parties have settled the dispute.
2. The suit property is land parcel No. Nyaribari Chache/Boburia/2390. The orders sought are eviction of the defendant and costs of the suit.
3. The defendants were duly notified by hearing notice dated 4th April 2017. They are all absent without reason.
4. I have noted the application for withdrawal. It is in line with Section 25(1) and (2) of the Civil Procedure Act (Cap 21 Laws of Kenya) on withdrawal and discontinuation of suits. I am conscious of Articles 60 (1) (g) and 159 (2) (b) and (c) of the Constitution of Kenya, 2010 regarding withdrawal of suits after resolution of disputes through Alternative Dispute Resolution form. In Council of Governors –vs- Senate and Another [2014] eKLR, it was observed that such applications be allowed at the discretion of the court.
5. The application by the plaintiff’s counsel is merited. I allow it accordingly. No order as to costs.
G. M. A. ONGONDO
JUDGE - MIGORI
(SITTING AT KISII ELC SERVICE WEEK)
Ruling delivered, signedanddatedin open courtatKisii this24th day of May, 2017.
G. M. A. ONGONDO
JUDGE - MIGORI
(SITTING AT KISII ELC SERVICE WEEK)
In the presence of:
Mr. Abobo for the plaintiff
N/A for the defendant
Ruth, court assistant