1. The present ruling relates to the Notice of Motion application dated 26th May 2025 by the applicants/plaintiffs through Mutta and Company Advocates LLP seeking mainly interim orders of injunction restraining the defendant/respondent from further encroaching upon and or evicting them from the suit properties known as LR NoS. 7830/232,7830/231 and 7830/233 pending the hearing and determination of the main suit.
2. During hearing of the application, Mr Tallam learned counsel for the applicants informed the court that the applicants no longer wished to pursue the application hence, sought to withdraw the same with no orders as to costs.
3. Mr A. Kogo learned counsel for the respondent objected not to the withdrawal of the application.
4. I have taken into account the position taken by counsel for the respective parties regarding the application. It is common baseline that the application be marked as withdrawn with no orders as to costs.
5. Further, it is established law that a party’s right to withdraw a matter cannot be taken away; See Robert M. Lelli vs Kenya Medical Training College & 2 others {2021} KESC 21 (KLR).
6. Moreover, this Honourable court is guided by the Supreme Court of Kenya decision in the case of Jasbir Singh Rai & 3 others vs Turlochan Singh Rai & 4 others (2014) eKLR as well as the proviso to Section 27 (1) of the Civil Procedure Act Chapter 21 Laws of Kenya on costs.
7. It is therefore, crystal clear that the applicants are entitled to the withdrawal of the application.
8. Thus, the application dated 26th May 2025 is hereby marked as wholly withdrawn with no orders as to costs.
9. It is so ordered.
DATED and DELIVERED at KAPSABET this 8th day of July 2026.
G M A ONGONDO
JUDGE
In the presence of;
Mr D. Tallam learned counsel for the applicants/plaintiffs
Mr A. Kogo learned counsel for the respondent/defendant
Walter, court assistant