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ELCOtherNot stated in the judgment (memorandum of appeal dated 5/8/2025)· [2025] KEELC 8005 (KLR)

Ndubi v Kirimi & 3 others (Environment and Land Appeal E059 of 2025) [2025] KEELC 8005 (KLR)

Environment and Land Court
19 November 2025
BEB M Eboso
128 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A land dispute appeal was withdrawn at Meru's Environment and Land Court, leaving the original magistrate's decision in place and no party paying costs.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 Meru (B M Eboso, ELC J) disposed of an appeal lodged by memorandum of appeal dated 5/8/2025 against a ruling of the Senior Resident Magistrate's Court at Nkubu delivered on 31/7/2025 in Nkubu SPMC E & L Case No. E056 of 2021. The appeal was never heard on the merits. Instead, the appellant filed a notice of withdrawal dated 13/11/2025 withdrawing the appeal in its entirety. Counsel for the appellant, Mr Omari, appeared and submitted that the appeal papers had not been served on the respondents, who were absent. Accepting the withdrawal, the court granted the request, marked the appeal 'Withdrawn with no order as to costs', and directed that the file be closed. No costs order was made in favour of or against any party; each party consequently bears its own costs of the appeal. The ruling of the magistrate's court was neither affirmed nor disturbed - the withdrawal simply ended the appellate challenge, leaving the lower court's ruling of 31/7/2025 intact. The judgment cites no statutory provisions and no case authorities, and contains no separate opinions; it is a single-judge procedural disposition delivered at Meru on 19 November 2025 in the presence of counsel for the appellant and court assistant Mr E. Tupet.

Key legal issues

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01

Withdrawal of an appeal

Holding

The court allowed the appellant's notice of withdrawal, counsel having indicated the appeal papers had not been served, and marked the appeal withdrawn with no order as to costs.

Reasoning

The appellant filed a notice of withdrawal dated 13/11/2025 withdrawing the appeal in its entirety. Counsel for the appellant submitted that they had not served the appeal papers. On that basis the court found no bar to withdrawal, granted the request, marked the appeal withdrawn, made no order as to costs, and directed closure of the file.

p. 1

Legal principles established

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    Court orders

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    1. 1.The request to withdraw the appeal is granted and the appeal is marked 'Withdrawn with no order as to costs'
    2. 2.The file shall be closed
    On appeal from
    Senior Resident Magistrate Court at Nkubu
    Nkubu SPMC E & L Case No. E056 of 2021
    Jurisdiction invoked
    Appellate jurisdiction of the Environment and Land Court over rulings of the Senior Resident Magistrate's Court in environment and land matters

    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, "Ndubi v Kirimi & 3 others (Environment and Land Appeal E059 of 2025) [2025] KEELC 8005 (KLR)", Case Analysis (2025). Not stated in the judgment (memorandum of appeal dated 5/8/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8005/eng@2025-11-19

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