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ELCOtherNot stated in judgment (relates to land parcel Kianjai/Thau/525)· [2026] KEELC 3733 (KLR)

Magiri v M’Ikulu (Enviromental and Land Originating Summons E011 of 2023) [2026] KEELC 3733 (KLR)

Environment and Land Court
10 June 2026
BEB M Eboso
167 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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A Meru landowner's attempt to lift an inhibition on their land was withdrawn, and they were ordered to pay the other side's legal costs.

What this practically means

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Executive summary

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This is an ex-tempore procedural ruling of the Environment and Land Court at Meru delivered by B M Eboso, ELC Judge, on 10 June 2026. The plaintiff had brought a notice of motion dated 18 June 2025 seeking an order lifting the inhibition registered against land parcel number Kianjai/Thau/525. When the application came up for hearing, the plaintiff's counsel, Mr Wamache holding Mr Kimathi's brief, had indicated an intention to argue the application notwithstanding a status quo order issued by the Court of Appeal affecting the relevant land register. On the hearing date, however, the plaintiff's counsel orally applied to withdraw the application. The defendant did not oppose the withdrawal but sought costs, pointing out that a response to the application had already been filed. The court, taking all matters into account, allowed the oral withdrawal, marked the application dated 18/6/2025 as 'withdrawn', and ordered the applicant to bear the costs of the application. The substantive question of lifting the inhibition was never determined on the merits, and no costs of the suit were dealt with. The ruling cites no statutes or case law and is of procedural significance only.

Key legal issues

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01

Withdrawal of an application with costs to the unopposing respondent

Holding

Where a party orally withdraws an application and the opposing party, though not opposing the withdrawal, had filed a response, the withdrawing party bears the costs of the application

Reasoning

The court took into account that the plaintiff's counsel orally applied to withdraw the motion, that the defendant did not oppose the withdrawal, and that the defendant had filed a response to the application and thus incurred costs. On that basis the court allowed the withdrawal but required the applicant to bear the costs. The ruling is an ex-tempore procedural direction with no extensive reasoning on law or evidence.

p. 1

Legal principles established

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    Court orders

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    1. 1.The oral plea to withdraw the application dated 18/6/2025 was allowed
    2. 2.The application dated 18/6/2025 was marked 'withdrawn'
    3. 3.The applicant (plaintiff) was ordered to bear the costs of the application
    Jurisdiction invoked
    Inherent jurisdiction of the Environment and Land Court over land disputes (not expressly stated in the ex-tempore ruling)

    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, "Magiri v M’Ikulu (Enviromental and Land Originating Summons E011 of 2023) [2026] KEELC 3733 (KLR)", Case Analysis (2026). Not stated in judgment (relates to land parcel Kianjai/Thau/525). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3733/eng@2026-06-10

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