Amaisa v Kemei (Land Case Appeal E006 of 2026) [2026] KEELC 3058 (KLR)

Amaisa v Kemei (Land Case Appeal E006 of 2026) [2026] KEELC 3058 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEELC 3058 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET LAND CASE APPEAL E006 OF 2026 GMA ONGONDO, J MAY 21, 2026 BETWEEN EZEKIEL AMAISA ................................................................................... APPELLANT AND NIXON KEMEI .................................................................................... RESPONDENT (Being an appeal from the Judgment and decree of Honourable Muhandia Sylivia Ashitsa (SRM) delivered on 17th February 2026 in Tinderet PMCCC E032 of 2024) RULING 1. The appellant commenced the instant appeal by the memorandum of appeal dated 25rd February 2026 seeking orders, inter alia; a. The Appeal be allowed. b. The Judgment and Decree delivered on 17th February 2026 in MCCC/E032/2024 be set aside. c. Judgment be entered for the Appellant as prayed in the Plaint for Ksh. 361,399/= together with costs and interest. 2. The appellant appearing in person drew the attention of the court to his Notice of withdrawal dated 8th April 2026 and urged the court to allow the withdrawal of the appeal with no orders as to costs, 3. Mr. Tallam learned counsel for the Respondent informed this Honourable Court that he had just been served with the notice of withdrawal. That he had no opposition to the withdrawal of the appeal. 4. It is trite law that generally, a party has the right to withdraw a matter before court subject to the rules of the court; see Geoffrey M. Asanyo & 3 others-vs-The Attorney General (2020) eKLR. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3058/eng@2026-05-21 1

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