Ombidi v Omollo (Environment & Land Case 32 of 2021) [2023] KEELC 16320 (KLR) (22 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16320
- Citation
- [2023] KEELC 16320 (KLR)
- Decided
- 22 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Court of AppealCoramGMA ONGONDO
Holding
The court declines to allow the withdrawal of the notice of appeal and orders that the matter is devoid of jurisdiction.
Facts
The defendant, Benard Odhiambo Omollo, filed a notice of appeal on November 25, 2022, and withdrew it on February 28, 2023.
Issues
- Whether the defendant's notice of appeal can be withdrawn
- Jurisdiction of the court over the notice of appeal
Reasoning
The court follows the principle that a party's right to withdraw a matter, including the notice of appeal, cannot be taken away. The court also refers to the Civil Procedure Rules and the case of Owners of Motor Vessel v Caltex Oil (Kenya) Limited.
Outcome
Appeal dismissed
Orders
- Declining to allow the withdrawal of the notice of appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Court of Appeal Rules, 2010
Cases cited (2)
- Nicholas Kiptoo Korir Arap Salat v Independent Electoral and Boundaries Commission and 7 others [2014] eKLR
- Owners of Motor Vessel v Caltex Oil (Kenya) Limited [1989] eKLR
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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