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ELCOtherMiscellaneous Application (Notice of Motion dated 25/8/2025)· [2025] KEELC 6423 (KLR)
Ngai & another v Solution Sacco Society Limited (Environment and Land Miscellaneous Case E017 of 2025) [2025] KEELC 6423 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A landowner's injunction suit over threatened sale of charged land was withdrawn, with each side bearing its own costs.
What this practically means
#Executive summary
#The applicant instituted this matter as a Miscellaneous Application by a Notice of Motion dated 25/8/2025, seeking an interlocutory injunction to restrain the respondent from selling, charging, transferring or otherwise dealing with land parcels Magumoni/Thuita/5729, 5730 and 5731. The dispute concerned the chargee's statutory power of sale. Notably, the motion was not anchored on a plaint. On 29/8/2025 the court directed the applicant to address it on two issues: the court's jurisdiction to deal with the mortgage dispute, and the competency of a suit instituted without a plaint. Before those issues could be determined, the applicant, through counsel, orally applied to withdraw the suit. The respondent was absent, there was no evidence of service of the suit papers, and no objection was raised to the withdrawal. The court allowed the withdrawal with no order as to costs and directed that the file be marked closed. The substantive jurisdictional and competency questions were therefore never determined, and no authority was cited. No costs were awarded against or in favour of any party.
Key legal issues
#01
Whether the suit should be permitted to be withdrawn
Holding
The court allowed the oral withdrawal since there was no objection, with no order as to costs, and marked the file closed.
Reasoning
The applicant, through counsel, applied orally to withdraw the suit. The respondent was absent and there was no evidence of service of the suit papers on the respondent. In the absence of any objection to the withdrawal, the court exercised its discretion to permit withdrawal without costs and ordered the file closed.
p. 1
Legal principles established
#- Where there is no objection to an oral plea to withdraw a suit, the court will allow the withdrawal with no order as to costs
Court orders
#- 1.Leave granted for withdrawal of the suit
- 2.No order as to costs
- 3.File marked 'closed'
- Jurisdiction invoked
- Not stated; the court had directed parties to address the court's jurisdiction over the mortgage dispute before the suit was withdrawn
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngai & another v Solution Sacco Society Limited (Environment and Land Miscellaneous Case E017 of 2025) [2025] KEELC 6423 (KLR)", Case Analysis (2025). Miscellaneous Application (Notice of Motion dated 25/8/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6423/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.