[2025] KEELC 3876 (KLR)

[2025] KEELC 3876 (KLR)

The court found that the application for withdrawal of the application dated 18th February 2025 was unopposed and meritorious. The court exercised its discretion under Section 27(1) of the Civil Procedure Act to award costs in the cause, marking the application as withdrawn with costs. The withdrawal was necessary...

Source-derived case information.

Citation
[2025] KEELC 3876 (KLR)
Parties
Plaintiff: Joshua Kipkemei Chumo; Plaintiff: Wilson Chumo; Plaintiff: David Chumo; Defendant: Japheth Kibiwott Lelei
Court
Environment and Land Court
Court Station
Environment and Land Court at Kapsabet
Jurisdiction
Kenya
Judgment Date
7 April 2025
Case Number
Civil Case 63 of 2021
Procedural Posture
Civil Case / Ruling on Withdrawal of Application
Outcome
Application for withdrawal allowed; application dated 18th February 2025 marked as withdrawn with costs in the cause.
Judges
GMA Ongondo
Legal Topics
Withdrawal of Application, Costs Award, Substitution of Parties
Source Language
english
Civil Procedure Withdrawal of Application Costs Award Substitution of Parties

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Parties

Joshua Kipkemei Chumo

Plaintiff

Wilson Chumo

Plaintiff

David Chumo

Plaintiff

Japheth Kibiwott Lelei

Defendant

Procedural Posture

Civil Case / Ruling on Withdrawal of Application

Legal Issues

  1. 1 Whether the application dated 18th February 2025 should be withdrawn as requested by the plaintiffs.
  2. 2 Whether costs should be awarded upon withdrawal of the application.

Ratio Decidendi

The court found that the application for withdrawal of the application dated 18th February 2025 was unopposed and meritorious. The court exercised its discretion under Section 27(1) of the Civil Procedure Act to award costs in the cause, marking the application as withdrawn with costs. The withdrawal was necessary to allow the hearing of a subsequent application, and there was no substantive opposition from any party.

Court Disposition

Application for withdrawal allowed; application dated 18th February 2025 marked as withdrawn with costs in the cause.

Orders

  • The application dated 18th February 2025 is marked as withdrawn with costs in the cause.