Ogola (Suing as Done on Behalf of Oliver Owuor Tambo (Donee)) v Oloo & 3 others
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the preliminary objection filed by the 4th respondent should be withdrawn and marked as withdrawn
Key legal issues
#Withdrawal of a preliminary objection
A party filing a preliminary objection has the right to withdraw it, and the court may mark it withdrawn with no orders as to costs where other parties raise no objection.
The 4th respondent filed a notice of preliminary objection invoking section 79G of the Civil Procedure Act and Orders 43 rules 3 and 4 of the Civil Procedure Rules, seeking dismissal of the appeal. Before hearing, counsel filed a notice of withdrawal. Counsel for the appellant and the 1st and 3rd respondents raised no objection. The court, citing Mukisa Biscuit on the nature of preliminary objections, held the withdrawal merited and marked the objection withdrawn with no orders as to costs.
Legal principles established
#- A preliminary objection must be on points of law and may dispose of a suit
Court orders
#- 1.The notice of preliminary objection be and is hereby marked as withdrawn as sought by the 4th respondent with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Principal Magistrate's Court at Ndhiwa
- PMC. ELC E008 of 2021
- Jurisdiction invoked
- First appeal jurisdiction of the Environment and Land Court (the judgment does not cite the specific provision)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the result, the notice of preliminary be and is hereby marked as withdrawn as sought by the 4th respondent with no orders as to costs.
The 4th respondent has the right to withdraw the preliminary objection. The withdrawal is merited in this circumstance.
a preliminary objection must be on points of law and may dispose of a suit; see Mukisa Biscuit Manufacturing Company Limited versus West End Distributors Limited (1969) EA 696 at 700
Issues in the judgment
#Date of memorandum of appeal postdates the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogola (Suing as Done on Behalf of Oliver Owuor Tambo (Donee)) v Oloo & 3 others", Case Analysis (2023). Environment and Land Appeal E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21477/eng@2023-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.