The Defendant’s application dated 01.09.2022 seeks to dismiss the suit for want of prosecution. The Plaintiff concedes that it does not wish to proceed with the suit against the 2nd Defendant hence the suit against the 2nd Defendant is marked as withdrawn with no order as to costs.
The 1st Defendant is under liquidation hence the Plaintiff must obtain leave to proceed with the matter. I direct the Plaintiff to move the court for appropriate orders within 7 days from the date hereof otherwise the suit shall stand dismissed with costs.
The matter shall be mentioned on 18.04.2023 before the DR to confirm compliance.
DATED and DELIVERED at NAIROBI this 9th day of MARCH 2023
D. S. MAJANJA
JUDGE