Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Kurgat [2025] KEELC 3772 (KLR)

Saina & 2 others (As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased) v Kurgat (Environment & Land Case E033 of 2022) [2025] KEELC 3772 (KLR) (7 May 2025) (Ruling)

Neutral citation: [2025] KEELC 3772 (KLR)

Republic of Kenya

In the Environment and Land Court at Kapsabet

Environment & Land Case E033 of 2022

GMA Ongondo, J

May 7, 2025

Between

Mike Kipngetich Saina

1st Applicant

Sainah Kiplagat Elijah

2nd Applicant

Hosea Kiprop Saina

3rd Applicant

As Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased

and

Simeon Arap Kurgat

Respondent

Ruling

1. Mr Kipkosigei Chege learned counsel for the plaintiffs has sought to withdraw this suit on the strength that the grant in respect of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus-Deceased, was revoked hence, an impact on the claim herein.

2. Notably, the plaintiffs commenced the suit by an Originating Summons dated 9th November 2022 seeking orders, inter alia;(a)That this Honourable Court declares that the Registered Proprietor’s Interest, his Succession in title, presumed Administrators of the Estate of the registered proprietor, or whomsoever claiming through him that may be and or may have been registered as the Proprietor of the whole Nandi/Sigot/29 occupied, possessed and used by the Applicants, be extinguished.(b)That the Honourable Court be pleased further to order and direct that the whole Suit Land Nandi /Sigot/29 be vested on the Applicants ((as Administrators of the Estate of Kipsaina Tarus alias Kipsaina Arap Tarus alias Kipsaina s/o Tarus – Deceased.

3. It is borne in mind that the plaintiffs have the right to withdrawal the suit and the court has the discretion to allow it as held in Beijing Industrial Designing & Researching Institute-vs-Lagoon Development Ltd (2015) eKLR.

4. No doubt, the withdrawal of suit is itself it’s end; see Priscilla Nyambura Njue-vs-Geovhem Middle East Ltd, Kenya Bureau of Standards (Interested party) (2021) eKLR.

5. In the premises, I find the application for withdrawal of the instant suit meritorious.

6. The upshot is that this suit is hereby marked as withdrawn with no orders as to costs.

7. It is so ordered.

DATED AND DELIVERED AT KAPSABET THIS 7THDAY OF MAY 2025. G M A ONGONDOJUDGEPresent;Mr K. Choge learned counsel for the plaintiffWalter, court assistant