[2025] KEELC 3786 (KLR)
The court found that the plaintiffs, as administrators of the estate, were entitled to withdraw the suit following the revocation of the grant upon which their claim was based. The court exercised its discretion to allow the withdrawal, noting that the withdrawal itself terminates the proceedings. No order as to...
Source-derived case information.
- Citation
- [2025] KEELC 3786 (KLR)
- Parties
- Plaintiff: Mike Kipngetich Saina; Plaintiff: Sainah Kiplagat Elijah; Plaintiff: Hosea Kiprop Saina; Respondent: Maritim arap Bundotich
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E034 of 2022
- Procedural Posture
- Originating Summons / Ruling on Withdrawal of Suit
- Outcome
- Suit withdrawn with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Suit, Adverse Possession, Succession and Administration, Vesting of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mike Kipngetich Saina
Plaintiff
Sainah Kiplagat Elijah
Plaintiff
Hosea Kiprop Saina
Plaintiff
Maritim arap Bundotich
Respondent
Procedural Posture
Originating Summons / Ruling on Withdrawal of Suit
Legal Issues
- 1 Whether the plaintiffs are entitled to withdraw the suit as administrators of the estate of the deceased.
- 2 Whether the withdrawal of the suit should be allowed by the court and with what orders as to costs.
Ratio Decidendi
The court found that the plaintiffs, as administrators of the estate, were entitled to withdraw the suit following the revocation of the grant upon which their claim was based. The court exercised its discretion to allow the withdrawal, noting that the withdrawal itself terminates the proceedings. No order as to costs was made, as there was no opposition or exceptional circumstance warranting such an order. The suit was accordingly marked as withdrawn.
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Suit withdrawn with no order as to costs.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- The suit is marked as withdrawn.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
27 paragraphs
Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina arap Rarus alias Kipsaina s/o Tarus (Deceased)) v Bundotich (Enviromental and Land Originating Summons E034 of 2022) [2025] KEELC 3786 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3786 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Enviromental and Land Originating Summons E034 of 2022
GMA Ongondo, J
May 7, 2025
Between
Mike Kipngetich Saina
1st Plaintiff
Sainah Kiplagat Elijah
2nd Plaintiff
Hosea Kiprop Saina
3rd Plaintiff
As Administrators of the Estate of Kipsaina Tarus alias Kipsaina arap Rarus alias Kipsaina s/o Tarus (Deceased)
and
Maritim arap Bundotich
Respondent
Ruling
1. The plaintiffs’ counsel, Mr Kipkosigei Choge has sought to withdraw the present suit on the basis that the grant in respect of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus-Deceased, was revoked hence, an impact on the claim herein.
2. The suit was generated by way of an originating summons dated 9th November 2022 for orders as follows;a.That this Honourable Court declares that the Registered Proprietor’s Interest, his Succession in title, presumed Administrators of the Estate of the registered proprietor, or whomsoever claiming through him that may be and or may have been registered as the Proprietor of the whole Nandi/Sigot/47 occupied, possessed and used by the Applicants, be extinguished.(b)That the Honourable Court be pleased further to order and direct that the whole Suit Land Nandi /Sigot/47 be vested on the Applicants ((as Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased).
3. The plaintiff has the right to withdrawal the suit and the court has the discretion to allow it; see Beijing Industrial Designing & Researching Institute-vs-Lagoon Development Ltd (2015) eKLR.
4. Notably, the withdrawal of suit is itself it’s end as observed in Priscilla Nyambura Njue-vs-Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) (2021) eKLR.
5. It is thus, the finding of the court that the application for withdrawal of the instant suit is merited.
6. A fortiori, this suit is hereby marked as withdrawn with no order of costs.
7. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 7THDAY OF MAY 2025. G M A ONGONDOJUDGEPRESENT;Mr K . Choge learned counsel for the plaintiffWalter, court assistant