George Loch Mbuya Ogola v Florence Mugunga Okea & [2018] KEELC 4110 (KLR)

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT MIGORI

CASE NO. 891 OF 2017

BETWEEN

GEORGE LOCH MBUYA OGOLA.........................APPLICANT

VERSUS

FLORENCE MUGUNGA OKEA...................1ST RESPONDENT

HASSAN ABDI HERSI & OTHERS.............2ND RESPONDENT

RULING

1. This application undated and unsigned by the Applicant namely George Loch Mbuya Ogola was filed on 22/12/2017 under certificate of Argency (I think he meant urgency).  It seeks execution of the decree in Court of Appeal at Kisumu Civil Appeal No. 199 of 2001.  The application is accompanied with documents marked L1 to L10.

2. I note that the application is yet to be served on the respondents.

3. The Applicant who appears in person has sought to withdraw the application with no orders as to costs.  He has given reasons that it concerns Kisumu Court of Appeal Civil Appeal No. 199 of 2001 and that he was misled to file this application.

4. I am guided by Article 159 (2) (a) and (d) of the Constitution of Kenya 2010.  I am aware of Order 25 Civil Procedure Rule, 2010 on withdrawal; discontinuation and adjustment of suits.

5. In Council of Governors -=vs= Senate and Anor (2014) eKLR   (SCK), it was observed that the law allows a party to withdraw a matter and it is in consonant with Article 159 of the Constitution of Kenya 2010.

6. I find no reason of barring the applicant from withdrawing his application.  He has given valid reasons thereof.

7. I accordingly allow the application to withdraw application with no ordes as to costs.

DELIVERED, SIGNED and DATED in open court at MIGORI this 18th day of JANUARY   2018.

G. M. A. ONGONDO

JUDGE

In the presence of:

The applicant, George Loch Mbuya Ogola

Mr. Tom Otieno-Court assistant

G. M. A.  ONGONDO

JUDGE