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ELCOtherNot stated in judgment

Cypriano v Kibwi (Environment and Land Case E004 of 2025) [2026] KEELC 2297 (KLR)

Environment and Land Court
24 April 2026
BEB M Eboso
121 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land court allowed a plaintiff to withdraw their lawsuit with each side bearing its own costs because nobody objected.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Chuka, delivered by B M Eboso J on 24th April 2026, deals with a Notice of Motion dated 26/9/2025 by which the plaintiff sought an order that the suit be marked 'Withdrawn with no order as to costs'. The application was uncontested. The record shows that the defendant, who is self-representing, entered appearance in person by a memorandum of appearance dated 23/5/2025 and subsequently filed a defence dated 2/6/2025 in person. The defendant did not oppose the withdrawal application and was absent at delivery. Finding no opposition, the court allowed the application in terms of prayer 1, effectively permitting withdrawal of the suit with no order as to costs, and marked the file 'Case closed'. No authorities were cited, no issues of law were determined, and the ruling carries no precedential content beyond confirming the court's practice of granting uncontested withdrawal applications in their terms. Costs were not awarded to either party.

Questions the Court framed

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

  1. 1.Whether the suit should be withdrawn with no order as to costs

Key legal issues

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01

Whether an uncontested application to withdraw a suit with no order as to costs should be allowed

Holding

Yes; an uncontested application for withdrawal is allowed in its terms

Reasoning

The plaintiff moved the court by Notice of Motion dated 26/9/2025 seeking that the suit be withdrawn with no order as to costs. The application was uncontested, the defendant being self-representing and not opposing. In the absence of opposition, the court allowed the application in terms of prayer 1 and closed the file.

p. 1

Legal principles established

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    Court orders

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    1. 1.Suit withdrawn with no order as to costs in terms of prayer 1 of the Notice of Motion dated 26/9/2025
    2. 2.Case file marked 'Case 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; procedural application under the court's case-management powers

    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.

    In the absence of any opposition to the application, the same is hereby allowed in terms of prayer 1. This file is marked 'Case closed.'
    p. 1Withdrawal of suit - uncontested application allowed

    Issues in the judgment

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    minor

    Names of the parties are not disclosed anywhere in the judgment

    minor

    The case number and title are not stated in the judgment

    minor

    Delivery date (24th April, 2026) post-dates the application date (26/9/2025) but the appearance and defence are dated May/June 2025, suggesting the suit predated the application - internal chronology is consistent but the file reference is missing

    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, "Cypriano v Kibwi (Environment and Land Case E004 of 2025) [2026] KEELC 2297 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2297/eng@2026-04-24

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