[2025] KEELC 3587 (KLR)
The court found that since the application dated 21st April 2025 had not been served on the respondents and the applicant sought to withdraw it, the withdrawal was meritorious. The court exercised its discretion to allow the withdrawal with no orders as to costs, guided by the relevant statutory and case law...
Source-derived case information.
- Citation
- [2025] KEELC 3587 (KLR)
- Parties
- Plaintiff: Philip Kiprop Kitur; Plaintiff: Cheruiyot Kitur; Defendant: Land Registrar, Nandi County; Applicant: Julia Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 100 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Application
- Outcome
- Application marked as withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Application, Costs Orders, Land Subdivision Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kiprop Kitur
Plaintiff
Cheruiyot Kitur
Plaintiff
Land Registrar, Nandi County
Defendant
Julia Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased)
Applicant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the applicant is entitled to withdraw the application dated 21st April 2025 without an order as to costs.
- 2 Whether the court should exercise its discretion to allow withdrawal where the application was not served on the respondents.
Ratio Decidendi
The court found that since the application dated 21st April 2025 had not been served on the respondents and the applicant sought to withdraw it, the withdrawal was meritorious. The court exercised its discretion to allow the withdrawal with no orders as to costs, guided by the relevant statutory and case law provisions. The application was accordingly marked as withdrawn with no order as to costs.
Court Disposition
Application marked as withdrawn with no order as to costs.
Orders
- The application dated April 21, 2025 is marked as withdrawn.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Kitur & another v Land Registrar, Nandi County; Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased) (Interested Party) (Environment & Land Case 100 of 2021) [2025] KEELC 3587 (KLR) (24 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3587 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case 100 of 2021
GMA Ongondo, J
April 24, 2025
Between
Philip Kiprop Kitur
1st Plaintiff
Cheruiyot Kitur
2nd Plaintiff
and
Land Registrar, Nandi County
Defendant
and
Julia Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased)
Interested Party
Ruling
1. The interested party/applicant, Julia Jepkoech (Suing as the Legal Representative of the estate of KITUR ARAP MISOI-DECEASED) through Bitok and Sambu Advocates, has sought to wholly withdraw the application dated 21st April 2025 with no orders as to costs as per the notice of withdrawal dated 23rd April 2025.
2. The said application relates to the orders issued by this court on 4th March 2025 in respect of subdivision of land parcel number Nandi /Mutwot/XX0.
3. The revelation from the record is that application has not been duly served on the respondents.
4. It is borne is mind that the withdrawal sought by the applicant herein is within the discretion of this court; see also M & E Consulting Engineers Limited-vs-Lake Basin Development Authority and another (2015) eKLR.
5. In the instant circumstances, the notice of withdrawal is meritorious.
6. Accordingly, the Application dated April 21, 2025 is hereby marked as withdrawn with no orders as to costs being guided by the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the case of Rai & 3 others-vs-Rai & 4 others (2014) eKLR.
7. It is so ordered.
DATED AND DELIVERED VIRTUALLY THIS 24THDAY OF APRIL 2025G M A ONGONDOJUDGEKAPSABET ENVIRONMENT AND LAND COUT 100 OF 2021 RULING Page | 1