https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2983
The suit was withdrawn through a formal notice before service was effected, so there was no basis for costs against the defendant; the court therefore marked the matter withdrawn with no order as to costs and ordered the file closed.
Source-derived case information.
- Citation
- [2026] KEELC 2983 (KLR)
- Parties
- Plaintiff: Lucy Wangechi Wachira; Defendant: Henry Gituma M’Ituranthi
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E019 of 2026
- Procedural Posture
- Environment and Land Case / Ruling on Withdrawal of Suit
- Outcome
- Suit withdrawn with no order as to costs.
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Suit, Jurisdiction, Costs, Service of Process, Matrimonial Dispute Indication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wangechi Wachira
Plaintiff
Henry Gituma M’Ituranthi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the court should accept the plaintiff’s notice of withdrawal
- 2 Whether any order as to costs should be made
- 3 Whether the suit raised a jurisdictional concern because it appeared to be a matrimonial dispute
Ratio Decidendi
The suit was withdrawn through a formal notice before service was effected, so there was no basis for costs against the defendant; the court therefore marked the matter withdrawn with no order as to costs and ordered the file closed.
Court Disposition
Suit withdrawn with no order as to costs.
Orders
- The notice of withdrawal is accepted.
- The suit is marked withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Wachira v M’Ituranthi (Environment and Land Case E019 of 2026) [2026] KEELC 2983 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] KEELC 2983 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Case E019 of 2026 BM Eboso, J May 18, 2026 Between Lucy Wangechi Wachira Plaintiff and Henry Gituma M’Ituranthi Defendant Ruling 1.The plaintiff filed this suit in the Environment and Land Court on 7/5/2026. On 13/5/2026, the Court [Eboso J] invited the plaintiff to attend court ex-parte today and address it on the question of jurisdiction. The court noted that the plaintiff’s claim bore the hallmarks of a matrimonial dispute. 2.The plaintiff subsequently filed a formal notice dated 15/5/2026 withdrawing the suit. Counsel has, today, invited court to accept the notice of withdrawal and mark the suit “withdrawn with no order as to costs”. 3.Given that service had not been effected and the issue of the defendant’s costs does not arise at this point, this suit is marked “withdrawn with no order as to costs”. The case file shall be marked “case closed”. DATED SIGNED AND DELIVERED AT MERU THIS 18TH DAY OF MAY, 2026.B M EBOSO [MR]ELC JUDGEIn the Presence of:Mr Kiragu for the PlaintiffDefendant - AbsentCourt Assistant – Mr. E. Tupet