Truphena Nyaboke Manyange v Keremensia Moraa & another [2017] KEELC 2688 (KLR)

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT KISII

CASE NO. 517 OF 2015

TRUPHENA NYABOKE MANYANGE ………………….PLAINTIFF

VERSUS

KEREMENSIA MORAA & ANOTHER …………....DEFENDANTS

R U L I N G

1. Mr. J. Abobo counsel for the plaintiff has applied to this court to have the suit withdrawn with no order as to costs.  He has given the following reasons:

a) The plaintiff has obtained title deed to the suit land.

b) The plaintiff and the defendants are related.

c) The parties have settled the dispute.

2. The suit property is land parcel No. Nyaribari Chache/Boburia/2390.  The orders sought are eviction of the defendant and costs of the suit.

3. The defendants were duly notified by hearing notice dated 4th April 2017.  They are all absent without reason.

4. I have noted the application for withdrawal. It is in line with Section 25(1) and (2) of the Civil Procedure Act (Cap 21 Laws of Kenya) on withdrawal and discontinuation of suits.  I am conscious of Articles 60 (1) (g) and 159 (2) (b) and (c) of the Constitution of Kenya, 2010 regarding withdrawal of suits after resolution of disputes through Alternative Dispute Resolution form.  In Council of Governors –vs- Senate and Another [2014] eKLR, it was observed that such applications be allowed at the discretion of the court.

5. The application by the plaintiff’s counsel is merited.  I allow it accordingly.  No order as to costs.

G. M. A. ONGONDO

JUDGE - MIGORI

(SITTING AT KISII ELC SERVICE WEEK)

Ruling delivered, signedanddatedin open courtatKisii this24th day of May, 2017.

G. M. A. ONGONDO

JUDGE - MIGORI

(SITTING AT KISII ELC SERVICE WEEK)

In the presence of:

Mr. Abobo for the plaintiff

N/A for the defendant

Ruth, court assistant