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ELCOtherNot stated in judgment

Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Achina (Environment & Land Case E032 of 2022) [2025] KEELC 3757 (KLR)

Environment and Land Court
7 May 2025
312 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A Kenyan land dispute ended when the administrators withdrew their case after the succession grant backing their claim was revoked, with no costs ordered.

What this practically means

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Executive summary

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This was a first-instance matter before the Environment and Land Court at Kapsabet, presided over by G M A Ongondo J. The suit originated by way of an originating summons dated 9th November 2022, in which the plaintiffs, as administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus (Deceased), sought a declaration extinguishing the registered proprietor's interest, succession title, presumed administrators or any person claiming through him in respect of the whole of Nandi/Sigot/3, and an order vesting the entire suit land in the applicants. On 7th May 2025, the plaintiffs' counsel, Mr Kipkosigei Choge, notified the court of an intention to withdraw the suit on the ground that the grant in the succession cause had been revoked, which affected the claim. The court observed that there had been no response to the originating summons, which had not been duly served. Applying the Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd authority on the plaintiff's right to withdraw and the court's discretion, and associating itself with Mativo J (as he then was) in Priscilla Nyambura Njue v Geovhem Middle East Ltd that withdrawal of a suit is itself its end, the court found the application merited. The suit was marked as withdrawn with no orders as to costs. The substantive land claims were therefore never determined.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiffs' application to withdraw the suit should be allowed in light of the revocation of the grant in respect of the Estate of Kipsaina Tarus

Key legal issues

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Whether the court should permit withdrawal of the originating summons

Holding

The application for withdrawal was merited and the suit was marked as withdrawn with no orders as to costs.

Reasoning

The plaintiffs' counsel notified the court of the intention to withdraw the suit because the grant in the succession cause had been revoked, affecting the claim. The court noted that withdrawal is a plaintiff's right subject to the court's discretion, adopted the reasoning in the Beijing Industrial and Priscilla Nyambura Njue authorities, found no response to the originating summons, and allowed the withdrawal.

p. 2

Legal principles established

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  • A plaintiff has the right to withdraw a suit and the court retains a discretion to allow the withdrawal
  • Withdrawal of a suit is itself its end

Court orders

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  1. 1.The suit is marked as withdrawn
  2. 2.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Not expressly stated; first-instance suit under the court's originating summons jurisdiction

Relief refused

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Declaration extinguishing the registered proprietor's interest in Nandi/Sigot/3

Suit withdrawn by the plaintiffs' counsel following revocation of the grant in the succession cause, so the substantive reliefs were never determined

p. 1

Vesting of Nandi/Sigot/3 in the Applicants as administrators of the estate

Suit withdrawn before determination; relief not granted

p. 2

Costs

No orders as to costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Clearly, there is no response to the originating summons not duly served.
p. 2Absence of response to originating summons
it is the right of the plaintifis to withdrawal the suit and the court has the discretion to allow it
p. 2Plaintiff's right to withdraw suit and court's discretion
this suit is hereby marked as withdrawn with no orders as to costs.
p. 2Final orders - withdrawal and costs

Issues in the judgment

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minor

The judgment does not state the case number, suit title or parties' full names beyond references to 'the plaintiffs' and the deceased's estate

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, "Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Achina (Environment & Land Case E032 of 2022) [2025] KEELC 3757 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3757/eng@2025-05-07

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