Nyabihiri & another v Nyabihiri [2024] KEELC 5758 (KLR)

Nyabihiri & another v Nyabihiri (Environment & Land Case 92 of 2018) [2024] KEELC 5758 (KLR) (22 July 2024) (Ruling)

Neutral citation: [2024] KEELC 5758 (KLR)

Republic of Kenya

In the Environment and Land Court at Migori

Environment & Land Case 92 of 2018

GMA Ongondo, J

July 22, 2024

Between

Suguta Nyabihiri

1st Respondent

Robi Bukira Nyabihiri

2nd Respondent

and

Samwel Chacha Nyabihiri

Applicant

Ruling

1. This ruling is with regard to an application by way of a Notice of Motion dated 13th May 2024 by the applicant/defendant through Orina and Company Advocates for, inter alia, that there be stay of sale, transfer and disposal of a quarter of land reference Bukira/Bwisaboka/702 pending the outcome of the intended review of the judgment herein, the applicant to reopen the case, amend the pleadings and set suit down for hearing.

2. Mr S. Orina learned counsel for the applicant/defendant has applied for the withdrawal of the application to enable the applicant regularise the position herein.

3. Mr Agure Odero learned counsel for the respondents/plaintiffs has no opposition to the prayer for withdrawal of the application.

4. In the foregone, the applicant is entitled to withdraw the application as he has not demonstrated any bad faith herein as noted in Oscar Oluoch Ouma Kabote and Loice Kawaka & others [2022] eKLR.

5. To that end, I find merit in the prayer for withdrawal of the application.

6. Accordingly, the application dated 13th May 2024, be and is hereby marked as withdrawn and each party shall bear their respective costs.

7. It is so ordered.

DATED,SIGNED AND DELIVERED IN OPEN COURT AT MIGORI THIS 22ND DAY OF JULY, 2024. G.M.A. ONGONDOJUDGEIn Presence of :-Mr S Orina learned counsel for the applicant/defendantMr Agure Odero learned counsel for the respondents/plaintiffsMr Tom Maurice, Court Assistant