Equatorial Land Holdings Limited & another v Bwambok & another; Ministry of Mining, Blue Economy and Martime Affairs (Interested Party) (Environment and Land Case E035 of 2025) [2025] KEELC 18261 (KLR) (16 December 2025) (Ruling)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT KAPSABET ELC CASE NO. E035 OF 2025 EQUATORIAL LAND HOLDINGS LIMITED……1ST PLAINTIFF/APPLICANT KAREBE GOLD MINING LIMITED……………2ND PLAINTIFF/APPLICANT -VERSUS- ISAAC KIPTOO BWAMBOK…………………………......1ST RESPONDENT ELIZABETH JEBET……………………………………..…2ND RESPONDENT MINISTRY OF MINING, BLUE ECONOMY AND MARTIME AFFAIRS………………………………..………………..INTERESTED PARTY RULING 1. The Applicants/Plaintiffs through Brian Otieno and Company Advocates commenced an application by way of Chamber Summons dated 9th December 2025 seeking, KAPSABET ELC E035 OF 2025 RULING 1 inter alia, an interim injunction against the 1st and 2nd Respondent jointly and severally restraining themselves, their agents, servants and/or employees from evicting, entering into, trespassing, blocking, locking and/or interfering in any manner whatsoever with the Applicant’s quiet and peaceful possession of all that parcel of land known as land reference No. NANDI/CHEMASE/259 situated in Nandi County pending inter-partes hearing of the application. 2. The application is set for inter-partes hearing today. However, Mr. Brian Otieno alongside Mr. Lumumba instructed by Orende Learned Counsel for the Applicants have drawn the attention of this Court to the notice dated 12th December 2025 under Order 25 Rule 1 of the Civil Procedure Rules 2010 which reads; ‘TAKE NOTICE that the 1st and 2nd Plaintiffs/Applicants herein by this notice hereby wholly and unreservedly withdraws the Chamber Summons dated 9th December, 2025.’ 3. Thus, the Applicants have implored the Court to allow the withdrawal of the application. KAPSABET ELC E035 OF 2025 RULING 2 4. Mr. Muhoro and Mr. J. Ngwele learned Counsel for the 1st and 2nd Respondents respectively have no opposition to the withdrawal of the application. 5. It is trite that a party has generally, the right to withdraw a matter; See Asanyo & 3 others -vs- Attorney General {2020} KSCE 62 and Council of Governors -vs- Senate & another (2014) eKLR. 6. In the circumstances, the Applicants have the right to withdraw the application. 7. Consequently, the application dated 9th December 2025 is hereby marked as wholly and unreservedly withdrawn with no orders as to costs. 8. It is so ordered. DATED and DELIVERED at KAPSABET this 16th day of DECEMBER 2025. HON. G. M. A. ONG’ONDO JUDGE In the presence of; KAPSABET ELC E035 OF 2025 RULING 3 1. Mr. Brian Otieno alongside Mr. Lumumba instructed by Orende learned Counsel for the Applicants/Plaintiffs 2. Mr. Muhoro learned Counsel for the 1st Respondent 3. Mr. J. Ngwele instructed by Henry Kenei earned Counsel for the 2nd Respondent 4. Walter, Court Assistant KAPSABET ELC E035 OF 2025 RULING 4