Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased) v Oyugi & 4 others [2023] KEELC 18219 (KLR)

Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased) v Oyugi & 4 others (Environment and Land Appeal 64 of 2022) [2023] KEELC 18219 (KLR) (19 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18219 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 64 of 2022

GMA Ongondo, J

June 19, 2023

Between

Achieng Oyugi Stephen (Suing as the Legal Representative of the Estate of Chialo Owino Ageno – Deceased)

Appellant

and

Naftali Bondo Oyugi

1st Respondent

Elijah Omori Achieng

2nd Respondent

Elijah Omollo Ochieng

3rd Respondent

Land Registrar, Homabay

4th Respondent

Hon. Attorney General

5th Respondent

(Being an Appeal from the Judgment and Decree of Hon. E.M Onzere delivered on the 7th day of December 2020 in Ndhiwa PM ELC No. 32 OF 2020)

Ruling

1. I have considered the application for the withdrawal of this appeal by Kimberly Ashley instructed by Sam Onyango learned counsel for the appellant.

2. Counsel has stated that the appellant is settling the bill of costs at the magistrate's Court.

3. Mr B Mulisa learned counsel for the respondents has no opposition to the application.

4. I, therefore, find the application meritorious.

5. A fortiori, this appeal be and is hereby withdrawn with no orders as to costs.

6. It so ordered.

DATED, DELIVERED AND SIGNED AT HOMABAY THIS 19TH DAY JUNE 2023. GMA ONG’ONDOJUDGEPRESENT.1. Ms. Kimberly Ashley instructed by Sam Onyango for the appellant.2. Mr. B. Mulisa learned counsel for the respondents.3. Court Assistants, Okello and Mutiva.