Gatundu and Mangu Farm Company Limited v National Land Commission & another; Kariuki & 7 others (Interested Parties) (Land Case E350 of 2024) [2025] KEELC 338 (KLR)
The bottom line
#A Kenyan plaintiff can withdraw a lawsuit simply by filing written notice, instantly ending the case and any pending rulings, though opponents can still claim costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the notice of withdrawal falls under Order 25 rule 1 despite not citing the rule
Yes; considering the stage of the case, it falls under rule 1, which allows withdrawal by written notice before setting down for hearing
The court noted the notice did not indicate the rule but, given the stage of proceedings (before setting down for hearing and eve of a ruling), it properly fell under Order 25 rule 1, requiring only a written notice served on all parties.
Effect of withdrawal on the suit and pending applications
The suit ceased to exist upon filing of the notice; the scheduled ruling became otiose and the Interested Parties' application lost its grounding
Relying on Priscilla Nyambura Njue, the court held that upon withdrawal the plaintiff ceases to be a party, the court becomes functus officio over the suit, and nothing remains pending. The Interested Parties, not being principal parties, had no application left standing.
Whether the withdrawal amounted to an abuse of process
Any abuse can be addressed through an award of costs and, if persistent, other legal mechanisms
The court acknowledged parties' concerns about abuse of process but held that costs are the appropriate remedy, with other mechanisms available if abuse persists.
Legal principles established
#- A party has an unquestionable right to withdraw or discontinue a suit; the court can only deal with costs
- Withdrawal under Order 25 rule 1 takes effect upon filing of the notice, whereupon the suit ceases to exist and no further proceedings can be taken in it
Court orders
#- 1.The suit is marked as withdrawn
- 2.The Defendants are at liberty to apply for costs if they so wish
- 3.The file is closed
- Jurisdiction invoked
- Order 25 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gatundu and Mangu Farm Company Limited v National Land Commission & another; Kariuki & 7 others (Interested Parties) (Land Case E350 of 2024) [2025] KEELC 338 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/338/eng@2025-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.