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ELCOtherE&L No. 81 of 2016· [2016] KEELC 538 (KLR)

Gulam Mohammed Noor v Bahadul Noor Mohamed Gulam [2016] KEELC 538 (KLR)

Environment and Land Court
14 September 2016
PNP. M. Njoroge
525 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that unconditionally withdrawing a land case ends it permanently — and the withdrawing party may still pay the other side's costs.

What this practically means

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Executive summary

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The Plaintiff, Gulam Mohammed Noor, sued the Defendant, Bahadul Noor Mohamed Gulam, in the Environment and Land Court at Meru by a Plaint dated 17th June 2016 over suit plot Meru Municipality/Block 11/107. He sought cancellation of the Defendant's registration as sole lessee and reversion of the plot to the name of the deceased Gulam Mohamed for distribution under Meru High Court Succession Cause No. 85 of 1997; an inhibition barring the Land Registrar Meru from registering any transactions over the plot save as ordered in the succession cause; a permanent injunction restraining the Defendant from evicting the Plaintiff, selling the plot, or interfering with it; and costs with interest. On 22nd June 2016 the Plaintiff obtained ex parte a 14-day inhibition order restraining registration of any dealings over the plot. Before the suit could be heard, the Plaintiff, through the firm of Ndubi Ondubi & Associates, filed a Notice of withdrawal dated 19th August 2016. On 5th September 2016 his advocate confirmed the withdrawal, and the Defendant, though not opposing, demanded costs of Kshs. 150,000 or, failing agreement, a bill of costs. The court deemed the suit heard and settled through the unconditional withdrawal, marked it as settled, barred the parties from bringing it back to court, and ordered that costs payable to the Defendant be assessed by the Deputy Registrar.

Key legal issues

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01

Effect of unconditional withdrawal of a suit

Holding

The court treated the Plaintiff's unconditional withdrawal as a hearing and settlement of the suit, marking it settled and foreclosing its reinstatement.

Reasoning

The Plaintiff filed a Notice of withdrawal on 19th August 2016 and confirmed the wish to withdraw on 5th September 2016, with the Defendant not opposing except as to costs. The court accordingly deemed the suit heard and settled through the unconditional withdrawal, marked it as settled, and directed that the parties may not bring it back to court, with the Defendant's costs to be assessed by the Deputy Registrar.

p. 2

Legal principles established

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  • An unconditional withdrawal of a suit results in the suit being marked as settled, barring the parties from bringing the same matter back to court, with costs to be assessed by the Deputy Registrar.

Court orders

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  1. 1.The suit is deemed to have been heard and settled through the Plaintiff's unconditional withdrawal
  2. 2.The suit is marked as settled and the parties may not bring it back to Court
  3. 3.Costs payable to the Defendant shall be assessed by the Court's Deputy Registrar
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (Meru Municipality/Block 11/107); no specific constitutional or statutory provision is cited in the judgment.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Gulam Mohammed Noor v Bahadul Noor Mohamed Gulam [2016] KEELC 538 (KLR)", Case Analysis (2016). E&L No. 81 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/538/eng@2016-09-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.