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JudgmentPHILIP KIPROP KITUR AND CHERUIYOT KITUR VS Nandi County1 min read

PHILIP KIPROP KITUR AND CHERUIYOT KITUR VS Nandi County

Environment and Land Court at Kapsabet Environment and Land Court · · G. A. Ongondo


  1. The interested party/applicant, Julia Jepkoech (Suing as the Legal Representative of the estate of KITUR ARAP MISOI-DECEASED) through Bitok and Sambu Advocates, has sought to wholly withdraw the application dated 21st April 2025 with no orders as to costs as per the notice of withdrawal dated 23rd April 2025.
  2. The said application relates to the orders issued by this court on 4th March 2025 in respect of subdivision of land parcel number Nandi /Mutwot/210.
  3. The revelation from the record is that application has not been duly served on the respondents.
  4. It is borne in mind that the withdrawal sought by the applicant herein is within the discretion of this court ; see also M & E Consulting Engineers Limited-vs-Lake Basin Development Authority and another (2015) eKLR.
  5. In the instant circumstances, the notice of withdrawal is meritorious.
  6. Accordingly, the application dated 21st April 2025 is hereby marked as withdrawn with no orders as to costs being guided by the proviso to section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya and the case of Rai & 3 others-vs-Rai & 4 others (2014) eKLR.
  7. It is so ordered.

DATED AND DELIVERED VIRTUALLY THIS 24TH DAY OF APRIL 2025

G  M  A  ONGONDO

JUDGE

    PHILIP KIPROP KITUR AND CHERUIYOT KITUR VS Nandi County PHILIP KIPROP KITUR AND CHERUIYOT KITUR VS Nandi County