Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherEnvironment and Land Appeal E044 of 2022· [2023] KEELC 17596 (KLR)

Makedi v Ondiege

Environment and Land Court
25 May 2023
GOGMA Ongondo
248 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

A Kenyan land appeal was withdrawn because the parties chose to settle out of court, leaving the original magistrates' court judgment intact.

What this practically means

#

Executive summary

#
This is a brief procedural ruling of the Environment and Land Court at Homa Bay (GMA Ongondo, J) in an appeal (ELA E044 of 2022) by Jane Nyambawa Makedi against Joseph Wolyce Ondiege, arising from the judgment of Hon. E.M Onzere, PM, in Ndhiwa ELC No. 22 of 2019 delivered on 14 September 2022. The appeal had been generated by a memorandum of appeal dated 27 September 2022 containing seven grounds, which the court did not reproduce or consider. When the matter came up, Ms. Oriche, instructed by Veronica Migai and Company Advocates for the appellant, applied orally to withdraw the appeal pursuant to a notice dated April 11, 2023, explaining that the record of appeal had not been filed and that the parties were negotiating with a view to settling the matter, so there was no need to keep the appeal in court. The judge found the application merited and marked the appeal as withdrawn with no orders as to costs, referring in the order to a notice dated April 14, 2023. No substantive issues were determined, no decision was made on the merits of the appeal, and the underlying judgment of the magistrates' court was not disturbed. The ruling was delivered, dated and signed at Homa Bay on 25 May 2023, with Ms. Oriche holding brief for Migai for the appellant and Court Assistant Mutiva present.

Key legal issues

#
01

Withdrawal of an appeal by consent of the appellant's counsel

Holding

The court allowed the withdrawal of the appeal upon the appellant's oral application supported by a notice dated April 11, 2023, marking the appeal as withdrawn with no orders as to costs.

Reasoning

Counsel for the appellant applied orally to withdraw the appeal, citing a notice dated April 11, 2023, and explaining that the parties were negotiating a settlement so there was no need to keep the appeal in court. The judge found the application merited and marked the appeal withdrawn, making no orders as to costs. No substantive grounds of appeal were determined.

p. 1

Legal principles established

#

    Court orders

    #
    1. 1.The appeal is marked as withdrawn with no orders as to costs, as per the notice dated April 14, 2023
    On appeal from
    Magistrates' Court at Ndhiwa
    Ndhiwa ELC No. 22 of 2019
    Jurisdiction invoked
    Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts (Environment and Land Court Act); appeal withdrawn before determination

    Key timeline

    #

    Practical implications

    #

    Frequently asked questions

    #

    Cite this brief

    #

    Cite this brief

    Caselaw, "Makedi v Ondiege", Case Analysis (2023). Environment and Land Appeal E044 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17596/eng@2023-05-25

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