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ELCOtherEnvironment and Land Appeal E25 of 2022· [2023] KEELC 16043 (KLR)

Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala - Deceased) v Ongid

Environment and Land Court
8 March 2023
GOGMA Ongondo
310 words in judgment
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The bottom line

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A Kenyan land appeal was withdrawn by consent before any hearing, with the court leaving costs for the parties to settle between themselves.

What this practically means

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Executive summary

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This is a short ruling of the Environment and Land Court at Homa Bay (GMA Ongondo, J) dated 8 March 2023 in an appeal (E25 of 2022) against an order of the Senior Principal Magistrate at Oyugis delivered on 13 July 2022 in Environment and Land Case No. E002 of 2022. The appeal was lodged by Gideon Macleans Obar, suing as personal representative of the estate of the late William Obar Sala, against Kennedy Odhiambo Ongid. At the hearing, counsel for the appellant, Ms Ochieng instructed by Kisaka, informed the court that she had instructions to withdraw the appeal, with orders as to costs to be agreed between the parties. The respondent and his counsel had been notified of the hearing date by email of 2 March 2023 but opted not to appear, a circumstance the court noted with reference to Ogada v Molin (2009) KLR 620. Relying on Nicholas Kiptoo Korir Arap Salat v IEBC and 7 others (2014) eKLR, the court found the application for withdrawal merited. It allowed the application, marked the appeal as withdrawn, and directed the parties to agree on the costs of the appeal. No determination was made on the merits of the appeal or the underlying land dispute.

Key legal issues

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01

Whether the appeal should be marked as withdrawn on the appellant's oral application

Holding

The court allowed the withdrawal, noting the appellant's counsel informed the court of the intention to withdraw with costs to be agreed between the parties

Reasoning

Counsel for the appellant informed the court that the appeal was to be withdrawn with orders as to costs upon agreement between the parties. The respondent and his counsel were notified of the hearing date by email of March 2, 2023 but opted not to appear. Relying on the Salat v IEBC decision, the court found the application for withdrawal merited and allowed it, directing the parties to agree on costs.

p. 1

Legal principles established

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  • An appeal may be withdrawn by an appellant with the court's leave, and the court may allow withdrawal where the application is merited

Court orders

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  1. 1.The application for withdrawal of the appeal is allowed and the appeal is marked as withdrawn
  2. 2.The parties to agree on costs of this appeal
On appeal from
Oyugis Senior Principal Magistrate's Court
Environment and Land Case No. E002 of 2022
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts (Environment and Land Court Act); appeal withdrawn by consent before determination

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Obar (Suing as the Personal Representative of the Estate of the Late William Obar Sala - Deceased) v Ongid", Case Analysis (2023). Environment and Land Appeal E25 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16043/eng@2023-03-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.