https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3733
The court allowed the applicant’s oral request to withdraw the application and, because the defendant had already responded and did not oppose only on terms of costs, ordered that the applicant bear the costs of the withdrawn application.
Source-derived case information.
- Citation
- [2026] KEELC 3733 (KLR)
- Parties
- Plaintiff: Jacob Raibu Magiri; Defendant: M’Rukungu M’Ikulu
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E011 of 2023
- Procedural Posture
- Environment and Land Originating Summons / Interlocutory Application Withdrawn; Ruling on Costs
- Outcome
- Application withdrawn; costs awarded to the defendant
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Application, Costs, Inhibition Order, Status Quo Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Raibu Magiri
Plaintiff
M’Rukungu M’Ikulu
Defendant
Procedural Posture
Environment and Land Originating Summons / Interlocutory Application Withdrawn; Ruling on Costs
Legal Issues
- 1 Whether the plaintiff’s oral application to withdraw the notice of motion should be allowed.
- 2 Who should bear the costs of the withdrawn application.
Ratio Decidendi
The court allowed the applicant’s oral request to withdraw the application and, because the defendant had already responded and did not oppose only on terms of costs, ordered that the applicant bear the costs of the withdrawn application.
Court Disposition
Application withdrawn; costs awarded to the defendant
Orders
- The oral plea to withdraw the application dated 18/6/2025 is allowed.
- The application dated 18/6/2025 is marked withdrawn.
Full Case Text
Judgment text and source record
1 paragraphs
Magiri v M’Ikulu (Enviromental and Land Originating Summons E011 of 2023) [2026] KEELC 3733 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEELC 3733 (KLR) Republic of Kenya In the Environment and Land Court at Meru Enviromental and Land Originating Summons E011 of 2023 BM Eboso, J June 10, 2026 Between Jacob Raibu Magiri Plaintiff and M’Rukungu M’Ikulu Defendant Ruling [EX-TEMPORE] 1.The plaintiff brought a notice of motion date 18/6/2025 seeking an order lifting the order of inhibition registered against land parcel number Kianjai/Thau/525. When the applicant came up for hearing on 2/6/2026, Mr Wamache who held Mr Kimathi’s brief for the plaintiff insisted that the plaintiff would argue the application notwithstanding the fact that the Court of Appeal had issued a status-quo order affecting the relevant land register. 2.Today, the plaintiff’s counsel has orally applied to withdraw the application. The defendant does not oppose the oral plea but insists on being awarded costs of the application. The defendant has pointed out that he had filed a response to the application. 3.Taking all the above into account, the oral plea to withdraw the application will be and is hereby allowed. The applicant shall bear costs of the application dated 18/6/2025 which is now marked “withdrawn”. DATED, SIGNED AND DELIVERED AT MERU THIS 10TH DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGE