[2025] KEELC 990 (KLR)
The court found that since the suit had not been served and there was no objection from the Defendant, the Plaintiff was entitled to withdraw the suit. The court further held that, in the circumstances, it was appropriate to mark the suit as withdrawn with no order as to costs. The rationale was that the error in...
Source-derived case information.
- Citation
- [2025] KEELC 990 (KLR)
- Parties
- Plaintiff: Zakayo Mbabu Kaumbuthu; Defendant: Dennis John Kamau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2025
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal Application
- Outcome
- suit withdrawn with no order as to costs
- Judges
- BM Eboso
- Legal Topics
- Withdrawal of Suit, Erroneous Filing, Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakayo Mbabu Kaumbuthu
Plaintiff
Dennis John Kamau
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal Application
Legal Issues
- 1 Whether the suit should be withdrawn due to erroneous filing in the wrong court.
- 2 Whether costs should be awarded upon withdrawal of the suit.
Ratio Decidendi
The court found that since the suit had not been served and there was no objection from the Defendant, the Plaintiff was entitled to withdraw the suit. The court further held that, in the circumstances, it was appropriate to mark the suit as withdrawn with no order as to costs. The rationale was that the error in filing was promptly acknowledged and rectified by the Plaintiff, and there was no prejudice to the Defendant who had not been served or participated in the proceedings.
Court Disposition
suit withdrawn with no order as to costs
Orders
- The suit is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
Kaumbuthu v Kamau (Environment & Land Case E001 of 2025) [2025] KEELC 990 (KLR) (24 February 2025) (Ruling)
Neutral citation: [2025] KEELC 990 (KLR)
Republic of Kenya
In the Environment and Land Court at Chuka
Environment & Land Case E001 of 2025
BM Eboso, J
February 24, 2025
Between
Zakayo Mbabu Kaumbuthu
Plaintiff
and
Dennis John Kamau
Defendant
Ruling
1. Counsel for the Plaintiff has applied to withdraw this suit on the ground that the suit papers were meant to be filed in the Lower Court but were erroneously uploaded as ELC suit papers. She confirms that a proper suit has already been filed in the Lower Court.
2. In the absence of service and in the absence of any objection, the ex-parte plea will be allowed. The suit is hereby marked withdrawn with no orders as to costs. The file shall be closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT CHUKA THIS 24TH DAY OF FEBRUARY, 2025B M EBOSO [MR]JUDGEIn the Presence of:Court Assistant – MwangiMs. David for the PlaintiffDefendant - Absent