[2022] KEELC 15656 (KLR)
The court found that the appellant was entitled to withdraw the appeal under Order 25 Rule 1 of the Civil Procedure Rules, 2010. However, considering the respondents' position and the applicable statutory provisions, the court exercised its discretion to order that the appellant bear half the costs of the appeal, to...
Source-derived case information.
- Citation
- [2022] KEELC 15656 (KLR)
- Parties
- Appellant: Inviolata Lucy Ura; Respondent: Harrison Nyariere Okello (Sued as the Representative of the Estate of Rubot Okello Ogwange); Respondent: The Land Registrar, Homabay; Respondent: The Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 21 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Notice of Withdrawal of Appeal
- Outcome
- Appeal withdrawn; appellant to bear half the costs and interest.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Appeal, Costs Award, Land Disputes
- 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
Inviolata Lucy Ura
Appellant
Harrison Nyariere Okello (Sued as the Representative of the Estate of Rubot Okello Ogwange)
Respondent
The Land Registrar, Homabay
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice of Withdrawal of Appeal
Legal Issues
- 1 Whether the appellant is entitled to withdraw the appeal under Order 25 Rule 1 of the Civil Procedure Rules, 2010.
- 2 Who should bear the costs of the withdrawn appeal.
Ratio Decidendi
The court found that the appellant was entitled to withdraw the appeal under Order 25 Rule 1 of the Civil Procedure Rules, 2010. However, considering the respondents' position and the applicable statutory provisions, the court exercised its discretion to order that the appellant bear half the costs of the appeal, to be taxed by the taxing master, together with interest at court rates from the date of the ruling. The withdrawal was thus allowed, but the appellant was not absolved from partial liability for costs, balancing the interests of justice and fairness to both parties.
Court Disposition
Appeal withdrawn; appellant to bear half the costs and interest.
Orders
- This appeal is hereby marked as withdrawn.
- The appellant to bear half (1/2) costs of the appeal to be taxed by the taxing master of this court together with interest at court rates from this date.
Full Case Text
Judgment text and source record
25 paragraphs
Ura v Okello (Sued as the Representative of the Estate of Rubot Okello Ogwange) & 2 others (Environment and Land Appeal 21 of 2021) [2022] KEELC 15656 (KLR) (23 February 2022) (Ruling)
Neutral citation: [2022] KEELC 15656 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 21 of 2021
GMA Ongondo, J
February 23, 2022
Between
Inviolata Lucy Ura
Appellant
and
Harrison Nyariere Okello (Sued as the Representative of the Estate of Rubot Okello Ogwange)
1st Respondent
The Land Registrar, Homabay
2nd Respondent
The Honourable Attorney General
3rd Respondent
(Being an appeal from HomaBay Principal Magistrate’s Court Land Case No 70 of 2019)
Ruling
1. The appellant through the firm of GS Okoth and Company Advocates filed a notice of withdrawal of appeal dated February 15, 2023 on February 20, 2023 pursuant to order 25 rule 1 of the Civil Procedure Rules, 2010 and it reads.'Take notice that the appellant hereby withdraws wholly the appeal against the respondent. The honourable court do exercise its judicial discretion and direct that each party bear their own costs of the appeal.'
2. Mr SO Nyauke, learned counsel for the respondents has no objection to the withdrawal of the appeals save for costs and interest thereon.
3. I bear in mind order 25 rule (supra), sections 3, 3A, 26 and 27 of the Civil Procedure Act Chapter 21 Laws of Kenya, section 3 of the Environment and Land Court Act, 2015[2011] and article 159(2) (b) of theConstitution of Kenya, 2010.
4. In the foregone, I find merit in the notice of withdrawal of the appeal.
5. Accordingly, I order and direct that:a) This appeal is hereby marked as withdrawn.b) The appellant to bear half (1/2) costs of the appeal to be taxed by the taxing master of this court together with interest at court rates from this date.c) Ordered accordingly.
DELIVERED AND DATED AT HOMABAY THIS 23RD FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPRESENT:a) Mr. S.O Nyauke, learned counsel for the respondents.b) Ms. P.O Odhiambo instructed by G.S Okoth, learned counsel for the appellant.