Matheta (Suing as the legal representative of the Estate of the Late Janet Ciomithea Matheta) v M’Mwenda (Environment and Land Appeal E011 of 2026) [2026] KEELC 5049 (KLR)

3. The court heard the interlocutory application and disposed it vide a ruling dated 23/7/2026. The court listed the matter for directions on 29/7/2026. On 29/7/2026, it emerged that the appellant had filed a notice withdrawing this appeal wholly. Consequently, the court listed the matter for mention today for the purpose of adopting the withdrawal notice. 4. The appellant has not attended court today. It is, nonetheless, clear from the electronic record that the appellant’s advocates filed the notice of withdrawal. It is also evident from the court record that on 23/7/2026, soonafter the court rendered the ruling dated 23/7/2026, Mr Ngunjiri applied to have the appeal marked “withdrawn with no order as to costs”. 5. The court has looked at the filed notice of withdrawal. It appears the rider “with no order as to costs” was abandoned. 6. The general principle under Section 27 of the Civil Procedure Act is that costs follow the event. Secondly, there is evidence on record that the respondent instructed a law firm to handle this appeal and the interlocutory application on its behalf. In the circumstances, it would be unfair to deny him costs of the withdrawn appeal. For the above reasons, the appellant will bear costs of the withdrawn appeal. 7. In the end, this appeal is marked “withdrawn”. It is further ordered that the appellant shall bear the respondent’s costs of the appeal. The file shall be marked “case closed”. It is so ordered. Page 2 |

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DATED, SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF JULY, 2026. B M EBOSO [MR] JUDGE In the Presence of: Mr Katheru for the Respondent Appellant – Absent Mr. E. Tupet – Court Assistant Page 3 |

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