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ELCOtherOriginating Summons dated 9th November 2022

Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina arap Rarus alias Kipsaina s/o Tarus (Deceased)) v Bundotich (Enviromental and Land Originating Summons E034 of 2022) [2025] KEELC 3786 (KLR)

Environment and Land Court
7 May 2025
288 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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What this practically means

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Executive summary

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This was an originating summons dated 9th November 2022 before the Environment and Land Court at Kapsabet, in which the applicants, as administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus (Deceased), sought a declaration that the registered proprietor's interest in land parcel Nandi/Sigot/47 be extinguished, and an order vesting the whole suit land on the applicants. Before the hearing of the substantive claim, the plaintiff's counsel, Mr Kipkosigei Choge, applied to withdraw the suit on the ground that the grant in respect of the estate had been revoked in the succession proceedings, which had an impact on the claim. The court, G M A Ongondo J, observed that a plaintiff has the right to withdraw a suit and that the court has a discretion to allow the withdrawal, applying Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd (2015) eKLR, and noted, following Priscilla Nyambura Njue v Geovhem Middle East Ltd & Kenya Bureau of Standards (Interested party) (2021) eKLR, that withdrawal of a suit is itself the suit's end. Finding the application merited, the court marked the suit as withdrawn with no order of costs. The substantive claim was never determined on the merits and no decision below was reviewed.

Questions the Court framed

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

  1. 1.Whether the plaintiff's application to withdraw the suit should be allowed, given that the grant in respect of the Estate of Kipsaina Tarus was revoked

Key legal issues

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Whether the application for withdrawal of the suit should be allowed

Holding

The application was merited and the suit was marked as withdrawn with no order of costs

Reasoning

Counsel for the plaintiff sought withdrawal because the grant in respect of the Estate of Kipsaina Tarus had been revoked, which impacted the claim. The court noted that a plaintiff has the right to withdraw a suit and the court has a discretion to allow it, citing Beijing Industrial Designing & Researching Institute v Lagoon Development Ltd, and that withdrawal is itself the suit's end, citing Priscilla Nyambura Njue v Geovhem Middle East Ltd. On that basis the withdrawal was allowed.

p. 2

Legal principles established

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  • A plaintiff has the right to withdraw a suit, and the court has a discretion to allow such withdrawal
  • Withdrawal of a suit is itself the suit's end

Court orders

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  1. 1.The suit is marked as withdrawn with no order of costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction under Article 162(2)(b) of the Constitution (Environment and Land Court); the judgment does not expressly cite the provision

Relief refused

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The substantive relief in the originating summons - declaration extinguishing the registered proprietor's interest and vesting of Nandi/Sigot/47 on the Applicants

The suit was withdrawn upon the plaintiff's own application after revocation of the grant in the succession matter; the court did not determine the claim on its merits

p. 2

Costs

No order of costs - the suit was marked as withdrawn with no order of 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.

A fortiori, this suit is hereby marked as withdrawn with no order of costs.
p. 2Final orders - withdrawal of suit
The plaintifi has the right to withdrawal the suit and the court has the discretion to allow it; see Beijing Industrial Designing & Researching Institute-vs-Lagoon Development Ltd (2015) eKLR.
p. 2Plaintiff's right to withdraw a suit
Notably, the withdrawal of suit is itself it’s end as observed in Priscilla Nyambura Njue-vs-Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) (2021) eKLR.
p. 2Effect of withdrawal

Issues in the judgment

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minor

The judgment does not name the parties in the usual style; the plaintiff's identity is inferred from the originating summons and the record, and the defendant is never identified by name

minor

Recurring typographical errors ('plaintifis', 'plaintifi', 'TarusDeceased') and inconsistent party designation of the originating summons applicants

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 Rarus alias Kipsaina s/o Tarus (Deceased)) v Bundotich (Enviromental and Land Originating Summons E034 of 2022) [2025] KEELC 3786 (KLR)", Case Analysis (2025). Originating Summons dated 9th November 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3786/eng@2025-05-07

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