Ruluti v Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased) (Land Originating Summons E005 of 2024) [2026] KEELC 3678 (KLR)

Ruluti v Kamencu (Sued as the legal representative of the Estate of Lintari Ithiuki – Deceased) (Land Originating Summons E005 of 2024) [2026] KEELC 3678 (KLR) (16 June 2026) (Ruling) Neutral citation: [2026] KEELC 3678 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU LAND ORIGINATING SUMMONS E005 OF 2024 BM EBOSO, J JUNE 16, 2026 BETWEEN STANLEY MBAABU RULUTI .................................................................. PLAINTIFF AND MUKWAITI KAMENCU (SUED AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF LINTARI ITHIUKI – DECEASED) ................................ DEFENDANT RULING 1. Vide a notice of withdrawal dated 10/6/2026, the plaintifi seeks to withdraw this suit. Counsel for the plaintifi has submitted that the court is to exercise discretion on the issue of costs. The defendant does not object to the withdrawal of the suit but insists on being awarded costs of the suit because he engaged an advocate to defend the claim and he has incurred costs. In the circumstances, the court will allow the withdrawal. 2. On costs, the general principle in Section 27 of the Civil Procedure Act is that costs follow the event. No proper grounds have been demonstrated to warrant a departure from the general principle. Consequently, the plaintifi will bear costs of the withdrawn suit. 3. In the end, this suit is marked “withdrawn” and the plaintifi is decreed to bear costs of the suit. The file shall be marked “Case closed”. DATED SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF JUNE, 2026. B M EBOSO [MR] ELC JUDGE In the Presence of Mr Gitonga Githiu for the Plaintifi https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3678/eng@2026-06-16 1

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