Letting v Kosgey & another; National Bank of Kenya (Interested Party) (Environment and Land Case E010 of 2025) [2025] KEELC 6475 (KLR) (29 September 2025) (Ruling) Neutral citation: [2025] KEELC 6475 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E010 OF 2025 GMA ONGONDO, J SEPTEMBER 29, 2025 BETWEEN PETER KIPKORIR LETTING ................................................................. PLAINTIFF AND WILLIAM KIPCHIRCHIR KOSGEY ............................................ 1ST DEFENDANT THE LAND REGISTRAR, NANDI .............................................. 2ND DEFENDANT AND NATIONAL BANK OF KENYA ............................................. INTERESTED PARTY RULING 1. This ruling is in respect of the notice of withdrawal of suit dated 6th September 2025 with no orders as to costs by the plaintifi, Peter Kipkorir Letting through Kipkorir, Kipkorir & Company Advocates. 2. Mr Kipkorir informed the court that the defendants and the interested party have not entered appearance herein. That therefore, the suit be marked as withdrawn with no orders as to costs as per the notice of withdrawal of suit herein. 3. By a plaint (Fast Track) dated 22nd May 2025, the plaintifi is seeking the orders, inter alia; a) Declaration that the Plaintifi is the lawful owner of land parcel registration number Nandi/ Ollessos/627 otherwise sub divided into land registration numbers Nandi/Ollessos/1037 and Nandi/Ollessos/1038 (the suit land parcels) b) A permanent injunction restraining the Defendants, the interested party any other person from interfering with the Plaintifi’s title of land parcel registration number Nandi/ Ollessos/627 otherwise sub divided into land registration numbers Nandi/Ollessos/1037 and Nandi/Ollessos/1038 or otherwise from quiet enjoyment and possession of the suit property. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6475/eng@2025-09-29 1
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4. Simultaneous with the plaint, the plaintifi filed an application by way of a Notice of Motion of even date for an injunction. The application is pending hearing and determination herein. 5. It is trite law that the choice by a party to withdraw a suit before court, as a general rule, cannot be taken away from that party; see Council of Governors vs Senate & another, SC Reference No. 1 of 2014 (2014) eKLR. 6. Furthermore, no prejudice would be caused to the defendants and the interested party who have not entered appearance in this suit, by the plaintifis’ move to have the suit withdrawn in the circumstances; see Lelli-vs- Kenya Medical Training College & 2 others Petition 10 of 2021 {2021} KESC 21 KLR(Civ). 7. The plaintifi who has the right to withdraw this suit, has given suficient explanation to have it withdrawn. The court has the discretion to allow the withdrawal. 8. Accordingly, the instant suit generated by a plaint dated 22nd May 2025 is hereby marked as withdrawn with no orders as to costs bearing in mind the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the holding in Jasbir Singh Rai & 3 others vs Tarlochan Singh Rai Estate & 4 others (2014) eKLR. 9. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 29TH DAY OF SEPTEMBER 2025. HON. G M A ONGONDO JUDGE In the presence of; Mr Kipkorir learned counsel for the Plaintifi/Applicant Walter, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6475/eng@2025-09-29 2
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