1. The applicants/plaintiffs through Brian Otieno and Company Advocates commenced an application by way of Chamber Summons dated 9th December 2025 seeking, inter alia, an interim injunction against the 1st and 2nd Respondent jointly and severally restraining themselves, their agents, servants and/or employees from evicting, entering into, trespassing, blocking, locking and/or interfering in any manner whatsoever with the Applicant’s quiet and peaceful possession of all that parcel of land known as land reference No. NANDI/CHEMASE/259 situated in Nandi County pending inter-partes hearing of the application.
2. The application is set for inter-partes hearing today. However, Mr Brian Otieno alongside Mr Lumumba instructed by Orende learned counsel for the applicants have drawn the attention of this court to the notice dated 12th December 2025 under Order 25 Rule 1 of the Civil Procedure Rules 2010 which reads;
‘TAKE NOTICE that the 1st and 2nd Plaintiffs/Applicants herein by this notice hereby wholly and unreservedly withdraws the Chamber Summons dated 9th December, 2025.’
3. Thus, the applicants have implored the court to allow the withdrawal of the application.
4. Mr Muhoro and Mr J. Ngwele learned counsel for the 1st and 2nd respondents respectively have no opposition to the withdrawal of the application.
5. It is trite that a party has generally, the right to withdraw a matter; See Asanyo & 3 others-vs-Attorney General {2020} KSCE 62 and Council of Governors -vs-Senate & another (2014) eKLR.
6. In the circumstances, the applicants have the right to withdraw the application.
7. Consequently, the application dated 9th December 2025 is hereby marked as wholly and unreservedly withdrawn with no orders as to costs.
8. It is so ordered.
DATED and DELIVERED at KAPSABET this 16th day of DECEMBER 2025.
G M A ONGONDO
JUDGE
In the presence of;
Mr Brian Otieno alongside Mr Lumumba instructed by Orende learned counsel for the applicants/plaintiffs
Mr Muhoro learned counsel for the 1st respondent
Mr J, Ngwele instructed by Henry Kenei earned counsel for the 2nd respondent
Walter, court assistant