[2017] KEELC 2689 (KLR)
The court found that the application for withdrawal of the suit was merited, as it was made in accordance with the law and relevant procedural rules. The dispute, being a family matter over family land, had been resolved amicably between the parties. The court recognized the importance of promoting alternative...
Source-derived case information.
- Citation
- [2017] KEELC 2689 (KLR)
- Parties
- Plaintiff: Yunes Kerubo Oruta; Defendant: Rose Nyanchama Aencha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 247 of 2013
- Procedural Posture
- Land and Property Suit / Ruling on Application for Withdrawal of Suit
- Outcome
- Application for withdrawal of suit allowed.
- Legal Topics
- Withdrawal of Suit, Eviction, Vacant Possession, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yunes Kerubo Oruta
Plaintiff
Rose Nyanchama Aencha
Defendant
Procedural Posture
Land and Property Suit / Ruling on Application for Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit under Order 25 of the Civil Procedure Rules, 2010.
- 2 Whether the withdrawal should be allowed without an order as to costs.
- 3 Whether the dispute resolution between the parties justifies withdrawal.
Ratio Decidendi
The court found that the application for withdrawal of the suit was merited, as it was made in accordance with the law and relevant procedural rules. The dispute, being a family matter over family land, had been resolved amicably between the parties. The court recognized the importance of promoting alternative dispute resolution mechanisms as provided under Article 159(2)(c) of the Constitution and Section 20 of the Environment and Land Court Act. The absence of the defendant, despite proper service, did not preclude the court from granting the withdrawal. The court exercised its discretion to allow the withdrawal with no order as to costs, considering the nature of the dispute and the...
Court Disposition
Application for withdrawal of suit allowed.
Orders
- The suit is withdrawn.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT KISII
CASE NO. 247 OF 2013
YUNES KERUBO ORUTA …………..….. PLAINTIFF
VERSUS
ROSE NYANCHAMA AENCHA ……... DEFENDANT
RULING
1. The application before me is for withdrawal of this suit which was filed by way of a plaint dated 4th June, 2013. The plaintiff prays for judgment against the defendant for:
a. An order of the defendant’s eviction from parcel of land title No. Central Kitutu/Daraja Mbili/569.
b. Alternatively an order directed at the defendant to give up vacant possession of land parcel No. Central Kitutu/Daraja Mbili/569.
c. Costs of this suit.
2. The plaintiff is represented by Kasamani & Co. Advocates. On 13th June, 2013, Nyachae & Ashitiva Advocates entered appearance for the defendant who later filed a memorandum of appearance on 18th June 2013. She/defendant appears in person.
3. A hearing notice dated 3rd April 2017 was issued to both parties. The matter is for hearing. It is now 9. 30am. The plaintiff’s counsel C. L Kasamani has applied to have the suit withdrawn with no order as to costs. The defendant is absent without reason yet the notice was addressed to her.
4. The grounds of the withdrawal are:
a. The suit involves mother in law and daughter in law.
b. The suit land is family property.
c. The dispute has been resolved between them.
5. I note the application, the nature of the suit and Order 25 Civil Procedure Rules 2010 relating to withdrawal and discontinuation of suits. Furthermore, I bear in mind Article 159 (2) (c) of the Constitution of Kenya, 2010, Section 20 of the Environment and Land Court Act, 2012 [2015[ and the case of Council of Governors –vs- Senate & Another [2014] eKLR on the promotion of alternative forms of dispute resolution. This is done in the interest of justice.
6. I find the application merited and it is made within the law. I accordingly allow the application to withdraw the suit.
7. Each party to bear own costs.
G. M. A. ONGONDO
JUDGE - MIGORI
(SITTING AT KISII ELC SERVICE WEEK)
Ruling delivered, signedanddatedin open courtatKisii this16th day of May, 2017.
G. M. A. ONGONDO
JUDGE - MIGORI
(SITTING AT KISII ELC SERVICE WEEK)
In the presence of:
Mr. C. L Kasamani for the appellant
N/A for the respondent
Ruth court assistant