1. In the Notice of motion application dated 17th March 2026, the applicant/plaintiff through Rotich, Langat and Partners Advocates, prayed for, inter alia, temporary orders of maintenance of status quo and temporary orders of injunction against the respondent/defendant in regard of the suit land reference number Nandi/ Ndalat/281 pending the hearing and determination of the application and the suit.
2. By a notice of withdrawal dated 18th March 2026, the applicant has sought to withdraw the application for reasons that the application was erroneously filed in this matter.
3. Clearly, the application has not been responded to as there is nothing on record to disclose that the same has been served.
4. It is well trite law that in an application of this nature, where there is no evidence of service, the scales tilt in favour of the applicant hence, the matter be deemed as withdrawn; see Karurie-vs-Kamau {2025} KECA 366 (KLR).
5. Further, it is note worth that the applicant has the choice to withdrawal the application filed in error herein; see The matter of Council of Governors; Senate (Interested party) {2014} eKLR.
6. In the premises, the applicant’s notice of withdrawal dated 18th March 2026 is meritorious.
7. To that end, the application dated 29th July 2025 is hereby marked as withdrawn with no orders as to costs being guided by the case of Jasbir Singh Rai & 3 others-vs-Tarlochan Rai & 4 others (2014) eKLR and the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya.
8. It is so ordered.
DATED and DELIVERED at KAPSABET this 23RD day of MARCH 2026
G M A ONGONDO
JUDGE