[2017] KEELC 607 (KLR)
The court allowed the withdrawal of the suit as requested by the applicant, noting that the respondent had no objection. In exercising its discretion under Section 27 of the Civil Procedure Act and guided by Article 159(2)(b) of the Constitution, the court ordered that each party bear their own costs in the interest...
Source-derived case information.
- Citation
- [2017] KEELC 607 (KLR)
- Parties
- Applicant: William Ouko Ogola; Respondent: Tobias Oinga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Appeal 274 of 2017
- Procedural Posture
- Misc Civil Appeal / Ruling on Withdrawal Application
- Outcome
- Suit withdrawn by applicant; each party to bear own costs.
- Judges
- GMA Ongondo
- Legal Topics
- Injunctions, Land Disputes, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ouko Ogola
Applicant
Tobias Oinga
Respondent
Procedural Posture
Misc Civil Appeal / Ruling on Withdrawal Application
Legal Issues
- 1 Whether the suit should be withdrawn at the request of the applicant.
- 2 Who should bear the costs upon withdrawal of the suit.
Ratio Decidendi
The court allowed the withdrawal of the suit as requested by the applicant, noting that the respondent had no objection. In exercising its discretion under Section 27 of the Civil Procedure Act and guided by Article 159(2)(b) of the Constitution, the court ordered that each party bear their own costs in the interest of justice and expeditious disposal of cases.
Court Disposition
Suit withdrawn by applicant; each party to bear own costs.
Orders
- The suit is withdrawn.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT
AT MIGORI
MISC CIVIL APPEAL CASE NO. 274 OF 2017
WILLIAM OUKO OGOLA..................................................APPLICANT
VERSUS
TOBIAS OINGA..............................................................RESPONDENT
RULING
1. This suit was filed by the plaintiff through Nyagesoa and Co. Advocates. The plaintiff is seeking the following orders;-
a) An order of permanent injunction restraining the defendant either by himself, agent, servants and/or anyone claiming under the Defendant from entering upon and /or interfering with and/or in any manner dealing with PLOT NO. 62”A”.
b) An order directing the Defendant to return the confiscated items and/or properties to the plaintiff.
c) General damages
d) Costs of this suit be borne by the Defendant.
e) Any other relief that this Honourable court may deem fit and just to grant in the circumstances.
2. An application by way of Notice of Motion dated 13/3/2017 by the Plaintiff /Applicant seeks interim orders against the defendant/respondent.
3. Mr. Nyagesoa for the Plaintiff/Applicant has sought to have the matter withdrawn with no orders as to costs.
4. Mr. Kwanga Mboya for the Defendant/Respondent has no objection to it. He leaves the issue of costs to the court.
5. I rely on the application to withdraw suit. Article 159 (2) (b) Constitution 2010 on expeditious disposal of cases, the provision to Section 27 Civil Procedure Act Cap 21 and discretion of this court to award costs.
6. I allow the withdraw and order that each party bears own costs the interest of justice.
G. M. A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATEDin open court at MIGORI this4thday of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of;
Mr. Nyagesoa counsel for Plaintiff
Mr Kwanga Mboya counsel for the Defendant
Josephine Lori –Court Assistant
G. M. A. ONGONDO
JUDGE