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ELCOtherEnvironment and Land Appeal 19 of 2022· [2023] KEELC 18383 (KLR)
Odindo v Odindo
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short ruling of the Environment and Land Court at Homa Bay (GMA Ongondo, J) dated 29 May 2023 in Environment and Land Appeal 19 of 2022. Counsel for the appellant, Ms Aluoch Odera, applied for withdrawal of the appeal on the ground that the parties are related and have resolved their dispute. Counsel for the respondent, Mr Ojala, raised no objection to the withdrawal, subject to costs agreed by the parties. The court found the application merited and ordered that the appeal be withdrawn with costs of Kshs 30,000 to the respondent, payable within 30 days from the date of the ruling, the quantum being fixed in view of the relationship between the parties. The ruling does not record the decision appealed from, any substantive issues in the appeal, or any cited authorities; it is purely a procedural disposition by consent. No determination was made on the merits of the underlying land dispute, and the withdrawal does not disturb any decision below.
Key legal issues
#01
Withdrawal of an appeal by consent
Holding
The court allowed withdrawal of the appeal where the parties, who are related, had resolved their dispute and the respondent raised no objection subject to agreed costs.
Reasoning
Counsel for the appellant applied to withdraw the appeal because the parties are related and had resolved their dispute. Counsel for the respondent did not object, subject to costs agreed by the parties. On that consensual basis the court found the application merited and permitted withdrawal, fixing costs at Kshs 30,000.
p. 1
Legal principles established
#Court orders
#- 1.The appeal is withdrawn with costs of Kshs 30,000 to the respondent, payable within 30 days from the date of the ruling
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court (appeal withdrawn before hearing; no specific provision invoked in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odindo v Odindo", Case Analysis (2023). Environment and Land Appeal 19 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18383/eng@2023-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.