[2025] KEELC 3610 (KLR)
The court found that the plaintiff is entitled to withdraw the suit as a matter of right, and that the withdrawal was not opposed by the defendant. The court exercised its discretion to allow the withdrawal, noting that the withdrawal itself terminates the suit. Guided by the proviso to section 27(1) of the Civil...
Source-derived case information.
- Citation
- [2025] KEELC 3610 (KLR)
- Parties
- Plaintiff: Robert Munga Ayange; Defendant: Abigael Bulimo Matunda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Judgment Date
- 6 May 2025
- Case Number
- Land Case E001 of 2024
- Procedural Posture
- Land Case / Ruling on Application for Withdrawal of Suit
- Outcome
- Suit withdrawn with half costs to the defendant.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Limitation of Actions, Withdrawal of Suit, Costs Award
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Robert Munga Ayange
Plaintiff
Abigael Bulimo Matunda
Defendant
Procedural Posture
Land Case / Ruling on Application for Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiff is entitled to withdraw the suit as sought.
- 2 Whether the defendant is entitled to costs upon withdrawal of the suit by the plaintiff.
Ratio Decidendi
The court found that the plaintiff is entitled to withdraw the suit as a matter of right, and that the withdrawal was not opposed by the defendant. The court exercised its discretion to allow the withdrawal, noting that the withdrawal itself terminates the suit. Guided by the proviso to section 27(1) of the Civil Procedure Act, the court awarded half costs to the defendant, balancing the interests of both parties and the circumstances of the withdrawal. The application for withdrawal was thus allowed, and the suit marked as withdrawn with half costs to the defendant.
Court Disposition
Suit withdrawn with half costs to the defendant.
Orders
- The suit is marked as withdrawn.
- The defendant is awarded half costs of the suit.
Full Case Text
Judgment text and source record
27 paragraphs
Ayange v Matunda (Land Case E001 of 2024) [2025] KEELC 3610 (KLR) (6 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3610 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Land Case E001 of 2024
GMA Ongondo, J
May 6, 2025
IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22 AND IN THE MATTER OF A CLAIM FOR ADVERSE POSSESSION PURSUANT TO SECTION 38 OF LIMITATION OF ACTIONS ACT CHAPTER 22 LAWS OF KENYA
Between
Robert Munga Ayange
Plaintiff
and
Abigael Bulimo Matunda
Defendant
Ruling
1. The plaintiff/applicant through learned counsel Korir has sought leave to withdraw this suit.
2. Mr Choge learned counsel for the defendant has no opposition to the application for withdrawal of the suit. However, she has urged the court to order half costs of the suit to the defendant.
3. The plaintiff initiated this suit by way of an originating summons dated 23rd January 2024 for orders, inter alia, a declaration that the Defendant’s right to recover the whole of land parcel number Nandi/Chepkumia BLK 1/64 (Kapkatoi) is barred under the Limitation of Actions Act Cap 22 of Laws of Kenya and title over a portion in occupation/use of the Plaintiff thereto extinguished on the grounds that the Plaintiff herein has openly, peacefully ad continuously been in occupation/use and possession of the aforesaid land parcel for a period exceeding 23 years.
4. The defendant opposed the suit by way of a replying affidavit of nineteen paragraphs sworn on 5th March 2024 and termed it res judicata. She implored the court to dismiss the suit with costs.
5. The suit set down for hearing today, has not been heard.
6. The withdrawal sought by the plaintiff is not opposed herein.
7. The plaintiff has the right to withdrawal the suit and the court has the discretion to allow it as held in Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd [2015] eKLR.
8. Notably, the withdrawal of suit is itself it’s end; see Priscilla Nyambura Njue v Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) [2021] eKLR.
9. In the premises, I find the application for withdrawal of the instant suit merited.
10. A fortiori, this suit is hereby marked as withdrawn with half costs to the defendant being guided by the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya.
11. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 6TH DAY OF MAY 2025. G M A ONGONDOJUDGEPRESENT;Mr Korir Learned counsel for the plaintiffMr Choge learned counsel for the defendantMr Walter Kipkorir, court assistant