[2025] KEELC 3791 (KLR)
The court found that the plaintiffs, as administrators of the estate, were entitled to withdraw the suit after the revocation of the grant upon which their claim was based. The court exercised its discretion to allow the withdrawal, holding that the withdrawal itself terminates the proceedings. No orders as to costs...
Source-derived case information.
- Citation
- [2025] KEELC 3791 (KLR)
- Parties
- Plaintiff: Mike Kipngetich Saina; Plaintiff: Sainah Kiplagat Elijah; Plaintiff: Hosea Kiprop Saina; Respondent: Omoet arap Koria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E035 of 2022
- Procedural Posture
- Originating Summons / Ruling on Withdrawal Application
- Outcome
- suit withdrawn
- Judges
- GMA Ongondo
- Legal Topics
- Withdrawal of Suit, Succession and Administration, Vesting of Land, Originating Summons
- 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
Omoet arap Koria
Respondent
Procedural Posture
Originating Summons / Ruling on Withdrawal Application
Legal Issues
- 1 Whether the plaintiffs are entitled to withdraw the suit following the revocation of the grant in respect of the estate.
- 2 Whether the court should allow the withdrawal of the suit and on what terms.
Ratio Decidendi
The court found that the plaintiffs, as administrators of the estate, were entitled to withdraw the suit after the revocation of the grant upon which their claim was based. The court exercised its discretion to allow the withdrawal, holding that the withdrawal itself terminates the proceedings. No orders as to costs were made, and the suit was marked as withdrawn.
Court Disposition
suit withdrawn
Orders
- The suit is marked as withdrawn.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina arap Tarus alias Kipsaina s/o Tarus (Deceased)) v Koria (Environment & Land Case E035 of 2022) [2025] KEELC 3791 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3791 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case E035 of 2022
GMA Ongondo, J
May 7, 2025
As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased
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 Tarus alias Kipsaina s/o Tarus (Deceased)
and
Omoet arap Koria
Respondent
Ruling
1. Mr Kipkosigei Choge learned counsel for the plaintiffs sought to withdraw the instant suit on the premise 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. This suit was brought by way of an Originating Summons dated 9th November 2022 for the orders, inter alia;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/48 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/48 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. Moreover, I associate myself with Mativo J (Now, JA) in the case of Priscilla Nyambura Njue-vs-Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) (2021) eKLR that the withdrawal of suit is itself it’s end.
5. In the premises, I find the application for withdrawal of the instant suit merited.
6. A fortiori, this suit is hereby marked as withdrawn with no orders as to costs.
7. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 7THDAY OF MAY 2025. G M A ONGONDO0. 12JUDGEPresent;Mr K. Choge learned counsel for the plaintiffWalter, court assistant