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ELCOtherEnvironment and Land Appeal E022 of 2022· [2023] KEELC 20360 (KLR)
Kevin Odhiambo Jomo v Peres Awuor Lwande
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan land appeal over a costs award ended when the appellant withdrew it, with each side bearing its own costs.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Homa Bay (GMA Ongondo, J) disposed of an appeal, Environment and Land Appeal E022 of 2022, in which Kevin Odhiambo Jomo (appellant) had appealed against Peres Awuor Lwande (respondent). The appeal, filed through Aluoch Odera and Nyauke Advocates by memorandum of appeal dated June 27th, 2022, challenged the subordinate court's decision on costs, alleging that the Learned Magistrate erred in failing to review part of the judgment in terms of costs despite an outright error apparent on the face of the record. The appellant sought an order quashing or setting aside the subordinate court's award for costs and substituting an order that the respondent pay the appellant's costs in both the subordinate court and the High Court. Before the appeal was heard, the appellant filed a notice of withdrawal dated February 20th, 2023, filed on February 21st, 2023, stating he wished to withdraw the appeal with no orders as to costs and have the matter marked closed. Mr Nyakwamba, holding brief for Mr Odera, urged the court to allow the notice. The court found the notice meritorious and ordered the appeal withdrawn with no orders as to costs. No substantive determination was made on the merits or the costs ground; the respondent's position is not recorded in the ruling.
Key legal issues
#01
Withdrawal of appeal by notice
Holding
The court allowed the appellant's notice of withdrawal and marked the appeal withdrawn with no orders as to costs
Reasoning
Counsel for the appellant urged the court to allow the notice of withdrawal filed on February 21st, 2023. The court found the notice meritorious and ordered the appeal withdrawn with no orders as to costs. No substantive determination of the appeal's merits or the costs ground was made.
p. 1
Legal principles established
#- An appeal may be withdrawn by notice of withdrawal with no orders as to costs, and such a notice, if unopposed, is meritorious and will be allowed
Court orders
#- 1.The appeal is withdrawn with no orders as to costs
- On appeal from
- Subordinate Court (magistrates' court)
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts (Environment and Land Appeal E022 of 2022)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kevin Odhiambo Jomo v Peres Awuor Lwande", Case Analysis (2023). Environment and Land Appeal E022 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20360/eng@2023-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.