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ELCAllowedKapsabet Environment and Land Court 100 of 2021· [2025] KEELC 3587 (KLR)

Kitur & another v Land Registrar, Nandi County; Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased) (Interested Party) (Environment & Land Case 100 of 2021) [2025] KEELC 3587 (KLR)

Environment and Land Court
24 April 2025
GOG M A Ongondo
225 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court at Kapsabet allowed a party to withdraw her land dispute application, with no one paying legal costs.

What this practically means

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Executive summary

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This short ruling of the Environment and Land Court at Kapsabet, delivered virtually on 24th April 2025 by G M A Ongondo, Judge, dealt with a notice of withdrawal dated 23rd April 2025 by which the interested party, Julia Jepkoech, suing as the legal representative of the estate of Kitur Arap Misoi (deceased), sought to wholly withdraw her application dated 21st April 2025 with no orders as to costs. That application related to orders the court had issued on 4th March 2025 concerning the subdivision of land parcel number Nandi/Mutwot/XX0. The court observed from the record that the application had not been duly served on the respondents. Noting that withdrawal of an application is a matter within the court's discretion, and guided by the proviso to section 27(1) of the Civil Procedure Act, Chapter 21, Laws of Kenya, as well as M & E Consulting Engineers Limited v Lake Basin Development Authority and another (2015) eKLR and Rai & 3 others v Rai & 4 others (2014) eKLR, the court held the notice of withdrawal meritorious. The court marked the application dated 21st April 2025 as withdrawn with no orders as to costs. This was a first-instance procedural determination; no decision of a lower court was reviewed.

Key legal issues

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Whether the interested party's notice of withdrawal of the application dated 21st April 2025 was meritorious

Holding

Yes; the court allowed the withdrawal with no orders as to costs, exercising its discretion under the proviso to section 27(1) of the Civil Procedure Act.

Reasoning

The application sought to withdraw the whole application, which related to orders issued on 4th March 2025 concerning subdivision of land parcel Nandi/Mutwot/XX0. The court noted the application had not been duly served on the respondents, considered that withdrawal is discretionary, and found the notice of withdrawal meritorious, guided by section 27(1) of the Civil Procedure Act and Rai & 3 others v Rai & 4 others (2014) eKLR.

p. 1

Legal principles established

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  • Withdrawal of an application is a matter within the discretion of the court

Court orders

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  1. 1.The application dated 21st April 2025 is marked as withdrawn with no orders as to costs
Jurisdiction invoked
Inherent discretion of the court; proviso to section 27(1) of the Civil Procedure Act, Chapter 21, Laws of Kenya

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, "Kitur & another v Land Registrar, Nandi County; Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased) (Interested Party) (Environment & Land Case 100 of 2021) [2025] KEELC 3587 (KLR)", Case Analysis (2025). Kapsabet Environment and Land Court 100 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3587/eng@2025-04-24

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