Stella Ingasia v Samwel Ambasa, Charles Ambasa, Nebart Ambasa & Sella Ambasa [2017] KEELC 421 (KLR)

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT MIGORI

MISC CIVIL APPEAL CASE NO. 23 OF 2017

STELLA INGASIA………..………...........…..APPLICANT

VERSUS

SAMWEL AMBASA…..............…….1ST RESPONDENT

CHARLES AMBASA……............….2ND RESPONDENT

NEBART AMBASA………..............3RD  RESPONDENT

SELLA AMBASA………........…..…4TH RESPONDENT

RULING

1. By a Notice of Motion dated 23/3/17 the Applicant represented by Muniko Robi Advocate sought for the transfer of Kehancha PMCC No. 12 of 2015 to this court and that costs be in the cause thereof.

2. The matter is for mention today.

3. Mr. Robi counsel for the applicant and in the absence of Mr. Kanyangi counsel for Respondent have asked the court to have the application withdrawn with no costs.

4. I find the prayers in order in view of Court of Appeal Civil Appeal No. 287/2016 and Article 159 (2) (b) and (d) Constitution, 2010.

5. I accordingly allow the withdrawal with no order as to costs.

G. M. A.  ONGONDO

JUDGE

DELIVERED, SIGNED and DATEDin open court at MIGORI this6thday of December 2017.

G. M. A. ONGONDO

JUDGE

In the presence of;

Mr. Muniko Robi counsel for the Applicant

Josephine Lori –Court Assistant