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ELCOtherNot stated in the extract provided

Ndemi & another (Suing as the Legal Representatives of the Estate of the Late Gerald Manthi Ndemi – Deceased) v Leonard (Environment and Land Miscellaneous Case E002 of 2025) [2025] KEELC 6433 (KLR)

Environment and Land Court
22 September 2025
BEB M Eboso
122 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A Kenyan land court allowed an application to be withdrawn without costs after parties settled most of the decree out of court.

What this practically means

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Executive summary

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In this short ruling of the Environment and Land Court at Chuka, the applicant made an oral plea to have the miscellaneous application marked "withdrawn with no order as to costs." Counsel for the applicant explained that a substantial portion of the decree had been settled and expressed confidence that the balance would be recovered or settled. The respondent and the respondent's insurer (the interested party) did not object to the plea. The court, per B M Eboso J, accordingly marked the miscellaneous application as withdrawn with no order as to costs and closed the case file. The order was dated, signed and delivered at Chuka on 22nd September 2025, with Mr. Mwongela appearing for the applicants, Ms. Nyambura Wanjiku for the respondent, and Mr. Mauko for the interested party; Mr. Mwangi served as court assistant. No substantive legal issues were determined, no authorities were cited, and no findings on evidence or law were made beyond the withdrawal and closure of the file.

Questions the Court framed

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

  1. 1.Whether the miscellaneous application should be marked withdrawn with no order as to costs

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The miscellaneous application is marked "withdrawn with no order as to costs"
    2. 2.The case file is marked "closed"

    The bench

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

    BE
    majority

    Wrote the judgment

    Jurisdiction invoked
    Not stated in the judgment

    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.

    this miscellaneous application is marked “withdrawn with no order as to costs.” The case file is marked “closed.”
    p. 1withdrawal and closure of miscellaneous application
    a substantial portion of the decree has been settled and they are confident the balance will be recovered/settled
    p. 1applicant's reason for withdrawal

    Issues in the judgment

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    minor

    The judgment does not state the case number, parties' full names, or the substance of the application; it records only the withdrawal 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, "Ndemi & another (Suing as the Legal Representatives of the Estate of the Late Gerald Manthi Ndemi – Deceased) v Leonard (Environment and Land Miscellaneous Case E002 of 2025) [2025] KEELC 6433 (KLR)", Case Analysis (2025). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6433/eng@2025-09-22

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