Nyanjwa (Suing as the Legal representative of Nyanjwa Oima) v Aseto (Being sued as the legal representative of Kola Nyakinda) [2023] KEELC 15929 (KLR)
Full Case Text
Nyanjwa (Suing as the Legal representative of Nyanjwa Oima) v Aseto (Being sued as the legal representative of Kola Nyakinda) (Environment & Land Case E002 of 2022) [2023] KEELC 15929 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15929 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E002 of 2022
GMA Ongondo, J
February 23, 2023
IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT AND IN THE MATTER OF LAND ACT (NO. 6 OF 2012) AND IN THE MATTER OF THE LAND REGISTRATION ACT AND IN THE MATTER OF TITLE NUMBER LR. KARACHUONYO/KAMENYA/1498 BEING A SUBDIVISION OF THE ORIGINAL TITLE NUMBER LR. KARACHUONYO/KAMENYA/744
Between
Stephen Oloo Nyanjwa (Suing as the Legal representative of Nyanjwa Oima)
Applicant
and
Monicah Kola Aseto (Being sued as the legal representative of Kola Nyakinda)
Respondent
Ruling
1. Mr. Ojala instructed by L.K Obwanda, learned counsel for the applicant/Plaintiff has made an application that his matter be marked as closed with no orders as to costs.
2. The anchorage of the application is a grant of letters of administration issued to the respondent. The plaintiff/applicant contends that the same has since been revoked hence affected her locus standi herein.
3. It must be noted that the plaintiff/applicant is claiming to have acquired the suit land reference number south Karachuonyo/Kamenya /1498 by way of adverse possession.
4. Mr. Mandela Migele, learned counsel for the defendant/respondent has no objection to the withdrawal of the suit on the terms sought by the plaintiff.
5. In the premises, I find the plaintiff’s application merited.
6. In the upshot, this suit is hereby marked as withdrawn with no orders as to costs.
7. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 23RD DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPresenta. Mr. Ojala instructed by L.K Obwanda, learned counsel for the plaintiff/applicant.b. Mr. Mandela Migele, learned counsel for the Defendant/Respondent.