REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELCL APPEAL NO.E004 OF 2023
THE ARCHDIOCESE OF
KISUMU CATHOLIC CHURCH ………………………...……APPELLANT
VERSUS
EUSEBIUS RAMOGY MAKODIEMBO ...................... RESPONDENT
(An appeal from the ruling and orders of Honourable Onkunya SRM of 29th June 2023 in Kisumu Chief Magistrate’s CIVIL SUIT NO.426 OF 2018 EUSEBIUS RAMOGY MAKODIEMBO (APPLICANT/JUDGEMENT CREDITOR) VRS THE ARCHDIOCESE OF KISUMU CATHOLIC CHURCH (RESPONDENT/JUDGEMENT DEBTOR)
R U L I N G
This matter was on 23/9/2024 reserved for ruling on 31/10/2024 on the application dated 5th February, 2024 filed by the Respondent. On the same date, Counsel for the Appellant (Respondent in the application) requested for more time to file and serve written submissions in respect of the application. The court granted Counsel 14 days to do so.
Subsequently, by a letter dated 27th September, 2024 addressed to the Deputy Registrar, Counsel for the appellant applied that the appeal filed by the Appellant, the Archdiocese of Kisumu Catholic Church, be withdrawn.
In the circumstances, the ruling scheduled for today has been overtaken by events.
The appeal is therefore hereby marked as withdrawn with costs to the Respondent.
Orders accordingly.
Ruling, dated and signed at Kisumu, read virtually this 31st day of October, 2024 through Microsoft Teams Online Application.
E. ASATI
JUDGE.
In the presence of:
Maureen: Court Assistant.
No appearance for the Appellant/Applicant
Ragot for the Respondent.