[2025] KEELC 3959 (KLR)
The court found that since the applicant sought to discontinue the application and the respondent did not oppose, it was appropriate to exercise its discretion to mark the application as discontinued. The court relied on established principles that allow for discontinuance where both parties are in agreement, and...
Source-derived case information.
- Citation
- [2025] KEELC 3959 (KLR)
- Parties
- Applicant: Philemon Kimaiyo A Magut; Respondent: Julius Kapkeny arap Koech
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Judgment Date
- 19 May 2025
- Case Number
- Enviromental and Land Originating Summons E002 of 2025
- Procedural Posture
- Originating Summons / Ruling on Interlocutory Application
- Outcome
- Application marked as discontinued with costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Injunctions, Status Quo Orders, Discontinuance of Application
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemon Kimaiyo A Magut
Applicant
Julius Kapkeny arap Koech
Respondent
Procedural Posture
Originating Summons / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application for temporary injunction and maintenance of status quo should be discontinued as requested by the applicant.
- 2 Whether the court should exercise its discretion to allow discontinuance of the application with costs in the cause.
Ratio Decidendi
The court found that since the applicant sought to discontinue the application and the respondent did not oppose, it was appropriate to exercise its discretion to mark the application as discontinued. The court relied on established principles that allow for discontinuance where both parties are in agreement, and ordered that costs be in the cause.
Court Disposition
Application marked as discontinued with costs in the cause.
Orders
- The application dated March 3, 2025 is marked as discontinued.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
Magut v Koech (Enviromental and Land Originating Summons E002 of 2025) [2025] KEELC 3959 (KLR) (19 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3959 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Enviromental and Land Originating Summons E002 of 2025
GMA Ongondo, J
May 19, 2025
Between
Philemon Kimaiyo A Magut
Plaintiff
and
Julius Kapkeny arap Koech
Defendant
Ruling
1. The plaintiff/applicant, Philemon Kimaiyo Magut through Rotich, Langat And Partners Advocates generated an application by way of a Notice of Motion dated 3rd March 2025 for, inter alia, that this Honourable court be pleased to issue temporary orders of injunction and or Maintenance of the Status Quo prevailing at the moment on the subject matter, Meteitei/settlement Scheme/X9 measuring the applicant is in gainful possession and occupation the whole portion of the subject matter measuring 4. 38 Hectares pending hearing and determination of this suit.
2. Mr Bungei learned counsel for the applicant informed the court that the application has been overtaken by events on the ground. Therefore, he has prayed that the application be marked as abandoned.
3. Ms Nasongo learned counsel for the respondent has no opposition to the applicant’s prayer to abandon the application.
4. It is common ground that the application be discontinued herein.
5. Notably, discontinuance sought by the applicant is within the discretion of this court; see M & E Consulting Engineers Limited-vs-Lake Basin Development Authority and another (2015) eKLR.
6. Indeed, the applicant has sought to discontinue the application with the concurrence of the respondent.
7. Accordingly, the application dated March 3, 2025 is hereby marked as discontinued with costs in the cause.
8. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 19THDAY OF MAY 2025G M A ONGONDOJUDGE