P O W (Suing on behalf of T A Minor) & M O K v O S S [2018] KEELC 3828 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENY AT MIGORI

ENVIRONMENT AND LAND COURT

ELC CASE NO. 713  OF 2017

(Formely Kisii ELC case No. 460 of 2014)

1.  P O W (Suing on behalf of T A MINOR)

2.  M O K................................................PLAINTIFFS

VERSUS

O S S......................................................DEFENDANT

RULING

1. The plaintiffs filed  this suit way of a plaint dated 7th November 2014 against the defendants for the following orders;-

a) Deregistration of LR. NO.NORTH SAKWA /KAMRESI/[particulars withheld] measuring 2. 6 ha in the name of O S S and the same be registered wholly in the names of M O  K AND P O W upon doing succession hence shall hold the title  in trust for T A O.

b) Permanent injunction restraining the defendant either by himself, agents, servants or anyone claiming under the defendant from interfering, trespassing, cultivating, interfering or in any manner with the suit land L.R. NO. NORTH SAKWA/KAMRESI/[particulars withheld].

c)  Cost of the suit.

d)  Any other relief court shall deem fit to grant.

2. By a statement of defence dated 22/1/2015, the defendant denied the plaintiff’s claim.  He sought dismissal of the suit with costs.

3. The matter is for directions today.  Mr. Agure Odero learned counsel for the plaintiff has sought to have the suit withdrawn with costs to the defendant.

4. Mr.  Kisera learned counsel for the defendant has no objection to the withdrawal.

5. I find instructive Order 25 of the Civil Procedure Rules, 2010 on the withdrawal of suits. Moreover, withdrawal of suit is meant to great extent promote Alternative Disputes Resolution under, Article 159 (2)  (c) of the Constitution of Kenya, 2010 as observed in Munya –v- IEBC (2014) e KLR.

6. I find the application by the plaintiff’s counsel merited.

7. Accordingly, I allow the withdrawal of the suit by the plaintiff with costs to the defendant.

DELIVERED, DATED and SIGNED at MIGORI this 12th  day of February  2018.

G. ONGONDO

JUDGE

In presence of :-

Mr. Agure Odero counsel for Plaintifffs

Mr. Kisera counsel for the  Defendant

Court Assistant – Tom Maurice