James Oloo Atito v Salina Adhiambo Nyodegi & 2 others [2017] KEELC 3852 (KLR)
- Court
- Environment & Land Court
- Case number
- 3852
- Citation
- [2017] KEELC 3852 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Declaration of Acquisition Possession of LandPostureApplication for withdrawal of Notice of MotionCoramG. ONGONDO
Holding
The application for withdrawal of the Notice of Motion is granted as the main suit is set for hearing.
Facts
The plaintiff, James Oloo Atito, filed a suit for the declaration of acquisition possession of land registered under the Registered Land Act. The defendants, Salina Adhiambo Nyodegi, Bernard Okoth Nyodegi, and Richard Otieno Nyodegi, were represented by Mr. Moriasi Osoro and Mr. G.S. Okoth, respectively.
Issues
- Application for withdrawal of Notice of Motion
- Dismissal of the suit for want of prosecution
Reasoning
The court finds the application for withdrawal merited because the main suit is set for hearing.
Outcome
The Notice of Motion is withdrawn with no order as to costs.
Orders
- Withdrawal of the Notice of Motion
Authorities cited
Legislation (1)
- Civil Procedure Rule (Cap 21 Laws of Kenya)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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