1. The plaintiff through KK Waweru and Advocates instituted this suit by a plaint dated 26th January 2026 for orders, inter alia;
a) A DECLARATION that the Plaintiff is the absolute registered owner of Title No. NANDI/CHEMUSWA/959 (The suit land herein) and is entitled to exclusive and vacant possession of the same.
b) AN EVICTION ORDER directed to the Defendant, her agents, servants, and/or any person claiming under her, to vacate the suit premises forthwith.
2. Simultaneously, the plaintiff filed an application by way of a notice of motion of even date seeking orders including mandatory and temporary injunctions as well as eviction order over the suit land.
3. It is worth to note that the Notice of withdrawal dated 14th March 2026 reads;
‘…….that the Applicant/Plaintiff herein gives notice and wholly intends to withdraw the Plaint and Application both dated 26th January 2026 and filed on even date, pursuant to Order 25 Rule 1 of the Civil Procedure Rules 2010.’
4. Order 25 of the Civil Procedure Rules 2010 provides for the abandonment or withdrawal of claims before court.
5. It is trite law that parties are at liberty to withdraw a matter before court the court has the power to have it withdrawn; see Asanyo & others vs Attorney General ({2020} KESC 62 (KLR).
6. In the circumstances, the notice of withdraw is merited.
7. A fortiori, the instant suit and the application in entirety, be and are hereby marked as withdrawn with no orders as to costs.
8. It is so ordered.
DATED and DELIVERED tat KAPSABET THIS 23RD MARCH 2026.
G M A ONGONDO
JUDGE
PRESENT;
Mr Kipchirchir learned counsel for the plaintiff/applicant
Walter, court assistant