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ELCOtherNot stated in judgment· [2025] KEELC 3757 (KLR)

Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Achina (Environment & Land Case E032 of 2022) [2025] KEELC 3757 (KLR)

Environment and Land Court
7 May 2025
GOG M A Ongondo
312 words in judgment
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The bottom line

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A Kenyan land dispute ended when the administrators withdrew their case after the succession grant backing their claim was revoked, with no costs ordered.

What this practically means

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Executive summary

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This was a first-instance matter before the Environment and Land Court at Kapsabet, presided over by G M A Ongondo J. The suit originated by way of an originating summons dated 9th November 2022, in which the plaintiffs, as administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus (Deceased), sought a declaration extinguishing the registered proprietor's interest, succession title, presumed administrators or any person claiming through him in respect of the whole of Nandi/Sigot/3, and an order vesting the entire suit land in the applicants. On 7th May 2025, the plaintiffs' counsel, Mr Kipkosigei Choge, notified the court of an intention to withdraw the suit on the ground that the grant in the succession cause had been revoked, which affected the claim. The court observed that there had been no response to the originating summons, which had not been duly served. Applying the Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd authority on the plaintiff's right to withdraw and the court's discretion, and associating itself with Mativo J (as he then was) in Priscilla Nyambura Njue v Geovhem Middle East Ltd that withdrawal of a suit is itself its end, the court found the application merited. The suit was marked as withdrawn with no orders as to costs. The substantive land claims were therefore never determined.

Key legal issues

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01

Whether the court should permit withdrawal of the originating summons

Holding

The application for withdrawal was merited and the suit was marked as withdrawn with no orders as to costs.

Reasoning

The plaintiffs' counsel notified the court of the intention to withdraw the suit because the grant in the succession cause had been revoked, affecting the claim. The court noted that withdrawal is a plaintiff's right subject to the court's discretion, adopted the reasoning in the Beijing Industrial and Priscilla Nyambura Njue authorities, found no response to the originating summons, and allowed the withdrawal.

p. 2

Legal principles established

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  • A plaintiff has the right to withdraw a suit and the court retains a discretion to allow the withdrawal
  • Withdrawal of a suit is itself its end

Court orders

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  1. 1.The suit is marked as withdrawn
  2. 2.No orders as to costs
Jurisdiction invoked
Not expressly stated; first-instance suit under the court's originating summons jurisdiction

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, "Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Achina (Environment & Land Case E032 of 2022) [2025] KEELC 3757 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3757/eng@2025-05-07

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