Kitur & another v Land Registrar, Nandi County; Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased) (Interested Party) [2025] KEELC 3587 (KLR)

Kitur & another v Land Registrar, Nandi County; Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased) (Interested Party) (Environment & Land Case 100 of 2021) [2025] KEELC 3587 (KLR) (24 April 2025) (Ruling)

Neutral citation: [2025] KEELC 3587 (KLR)

Republic of Kenya

In the Environment and Land Court at Kapsabet

Environment & Land Case 100 of 2021

GMA Ongondo, J

April 24, 2025

Between

Philip Kiprop Kitur

1st Plaintiff

Cheruiyot Kitur

2nd Plaintiff

and

Land Registrar, Nandi County

Defendant

and

Julia Jepkoech (Suing as the Legal Representative of the Estate of Kitur Arap Misoi - Deceased)

Interested Party

Ruling

1. The interested party/applicant, Julia Jepkoech (Suing as the Legal Representative of the estate of KITUR ARAP MISOI-DECEASED) through Bitok and Sambu Advocates, has sought to wholly withdraw the application dated 21st April 2025 with no orders as to costs as per the notice of withdrawal dated 23rd April 2025.

2. The said application relates to the orders issued by this court on 4th March 2025 in respect of subdivision of land parcel number Nandi /Mutwot/XX0.

3. The revelation from the record is that application has not been duly served on the respondents.

4. It is borne is mind that the withdrawal sought by the applicant herein is within the discretion of this court; see also M & E Consulting Engineers Limited-vs-Lake Basin Development Authority and another (2015) eKLR.

5. In the instant circumstances, the notice of withdrawal is meritorious.

6. Accordingly, the Application dated April 21, 2025 is hereby marked as withdrawn with no orders as to costs being guided by the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the case of Rai & 3 others-vs-Rai & 4 others (2014) eKLR.

7. It is so ordered.

DATED AND DELIVERED VIRTUALLY THIS 24THDAY OF APRIL 2025G M A ONGONDOJUDGEKAPSABET ENVIRONMENT AND LAND COUT 100 OF 2021 RULING Page | 1