1) In the application by way of a notice of motion dated 3rd April 2025, the plaintiff/applicant through Mutta and Company Advocates is seeking interim injunctive relief against the defendants/respondents in respect of the suit land reference number BK1/39/KAPSABET MUNICIPALITY pending the hearing and determination of this suit.
2) In their replying affidavit sworn on 7th October 2025 by Alfayo Lel, the Municipal Manager, Kapsabet Municipality, the respondents through the office of the County Attorney, Nandi County, opposed the application and prayed that it be dismissed with costs.
3) Mr D. Tallam learned counsel for the applicant has applied for the withdrawal of the application with no orders as to costs on the basis that the same has been overtaken by events for the hearing of the suit and or possible negotiations between the parties for possible settlement of the matter.
4) Ms Chebet learned counsel for the respondents has no opposition to the withdrawal of the application as they had been notified of the same.
5) It is trite law that the choice by a party to withdraw a suit before court, as a general rule, cannot be taken away from that party; see Council of Governors vs Senate & another, SC Reference No. 1 of 2014 (2014) eKLR.
6. Further, no prejudice would be caused to the respondents by the withdrawn of the application in the circumstances; see Lelli-vs- Kenya Medical Training College & 2 others Petition 10 of 2021 {2021} KESC 21 KLR(Civ).
7. The applicant who has the right to withdraw the application, has given sufficient explanation to have it withdrawn. The court has the discretion to allow the withdrawal.
8. Accordingly, the application generated by way of a Notice of Motion
dated 3rd April 2025 is hereby marked as withdrawn with no orders as to
costs.
9. It is so ordered.
DATED and DELIVERED at KAPSABET this 20th day of JANUARY 2026.
G M A ONGONDO
JUDGE
Present;
Mr D Tallam learned counsel for the applicant
Ms Chebet learned counsel for the respondents
Walter, court assistant