RULING
- Indeed the person who executed the Verifying Affidavit is not a party to this suit.
- Consequently, the Verifying Affidavit is fatally defective.
- The suit hereby is marked as withdrawn.
- The Plaintiff will pay the 1st Defendant a sum of Kshs.15,000 as costs of preparing their Defence and court attendance.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 26TH FEBRUARY 2025.
In the presence of;
Court Assistant: Laban
Counsel for Plaintiff: Mr. Oduor for the Plaintiff
Counsel for Defendant: Ms. Odeyo for 2nd – 6th Defendants
Ms. Oduor for 1st Defendant