Migwambo v Otieno [2023] KEELC 18293 (KLR)

Migwambo v Otieno (Environment & Land Case 8 of 2021) [2023] KEELC 18293 (KLR) (20 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18293 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 8 of 2021

GMA Ongondo, J

June 20, 2023

Between

Stephen Achieng Migwambo

Plaintiff

and

Aggrey Oketch Otieno

Defendant

(FORMERLY OYUGIS ELC CASE NO. 7 OF 2018)

Ruling

1. Mr Nyakwamba learned counsel for the appellant has urged this court to allow withdrawal of this appeal with no orders as to costs.

2. The anchorage of the application is that the parties have resolved this matter through alternative dispute resolution (ADR) mechanism.

3. There is no opposition to the application

4. I applaud the parties herein for resolving the instant dispute through ADR as stipulated under Article 159 (2) (c) of the Constitution of Kenya, 2010.

5. Accordingly, this appeal in entirety is marked as withdrawn with no orders as to costs.

6. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 20TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Nyakwamba, learned counsel for the appellant.2. Court Assistants, Okello and Mutiva.