[2025] KEELC 3908 (KLR)
The court found that the applicants had provided sufficient reasons for seeking withdrawal of their application, namely the intention to file a fresh application due to changes in the matter. There was no opposition to the withdrawal. Established legal principle holds that a party's choice to withdraw a matter...
Source-derived case information.
- Citation
- [2025] KEELC 3908 (KLR)
- Parties
- Plaintiff: Cheptoo Kimutai; Plaintiff: Kipruto Tuiyoi Saina; Defendant: Kipsaina Tarus; Applicant: Mike Kipngetich Saina; Applicant: Hosea Kiprop Saina; Applicant: Sain Kiplagat Elilah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Substitution of Parties, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cheptoo Kimutai
Plaintiff
Kipruto Tuiyoi Saina
Plaintiff
Kipsaina Tarus
Defendant
Mike Kipngetich Saina
Applicant
Hosea Kiprop Saina
Applicant
Sain Kiplagat Elilah
Applicant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicants should be granted leave to withdraw their application to amend the defence and substitute the deceased defendant with the administrator of his estate.
- 2 Whether the court should allow withdrawal of the application with no orders as to costs.
Ratio Decidendi
The court found that the applicants had provided sufficient reasons for seeking withdrawal of their application, namely the intention to file a fresh application due to changes in the matter. There was no opposition to the withdrawal. Established legal principle holds that a party's choice to withdraw a matter before the court, having given reasons, should generally not be denied. Accordingly, the court exercised its discretion to allow the withdrawal of the application dated 9th March 2021, with no orders as to costs.
Court Disposition
Application withdrawn with no orders as to costs.
Orders
- The application dated 9th March 2021 is withdrawn.
- No orders as to costs.
Full Case Text
Judgment text and source record
33 paragraphs
Kimutai & another v Tarus; Saina & 2 others (Applicant) (As a Legal Representatives of the Estate of Kipsaina arap Tarus alias Kipsaina Tarus - Deceased) (Environment & Land Case 12 of 2021) [2025] KEELC 3908 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3908 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case 12 of 2021
GMA Ongondo, J
May 21, 2025
Between
Cheptoo Kimutai
1st Plaintiff
Kipruto Tuiyoi Saina
2nd Plaintiff
and
Kipsaina Tarus
Defendant
and
Mike Kipngetich Saina
Applicant
Hosea Kiprop Saina
Applicant
Sain Kiplagat Elilah
Applicant
As a Legal Representatives of the Estate of Kipsaina arap Tarus alias Kipsaina Tarus - Deceased
Ruling
1. By an application by way of a notice of motion dated 9th March 2021 pursuant to, inter alia, sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya and Article 159 of the Constitutionof Kenya 2010 the applicants through Kipkosigei Choge and Company Advocates are seeking the following orders;a.That the Honourable Court be pleased to grant leave to the Applicants to Amend the Defence in E & L No 12 of 2021 (the suit) so as to Substitute the Deceased Defendant with the Administrator of his Estate.b.That the Honourable Court be pleased further to allow the Applicants/ the Administrator now the Defendants to Consolidate and Amend the Defence in E & L No 12 of 2021 with the Plaint in E & L No 57 of 2021 and in No E006 of 2022, the Plaintiff/s in these suits No E & L No 57 of 2021 and E & L No. E006 of 2022 already being the proposed Defendants in the suit.
2. Mr Sang instructed by Mr Choge learned counsel for the applicants has sought leave to withdraw the application. That the applicants intend to file afresh application as there are changes in this matter.
3. There is no response to the application and leave sought to withdraw the same.
4. It is established law that the choice by a party to withdraw a matter before court having given reasons thereof as a general rule, cannot be taken away from that party; see Council of Governors v Senate & another; SC Reference No. 1 of 2014 (2014) eKLR.
5. Learned counsel for the applicants has given reasons for the withdrawal of the application as stated in paragraph 2 hereinabove.
6. In the premises, I find merit in the applicant’s request to withdraw the application.
7. Accordingly, I hereby allow the withdrawal of the application dated 9th March 2025 with no orders as to costs.
8. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 21ST DAY OF MAY 2025. G M A ONGONDOJUDGEPresentMr Sang instructed by Mr Choge learned counsel for the applicantsMr Walter Kipkorir, court assistant