BRYAN CHEBII KIPKOECH VS BARNABAS TUITOEK BARGORIA AND DAVID KIMUTAI BARGORIA

RULING

1. The court has heard the Plaintiff application to withdraw the Originating Summons dated 14^th March, 2019.
2. Counsel for the Defendants have no opposition to the same.
3. Consequently, the Originating Summons dated 14^th March, 2019 is hereby marked as withdrawn.
4. As to the issue of costs, the Defendants have been duly participating in the proceeding that was indicated by the Plaintiff.
5. For the last 5 years, its must have been a financial burden to the Defendant to participate in this matter.
6. As such the Defendants are entitled to costs.
7. Parties can discuss and agree on possible costs within 45 days per today’s date failure to which the Defendant are free to tax their bill of costs.
8. The file now be closed.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 20^TH FEBRUARY 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Counsel for the Plaintiff:  Mr. Kibii

Counsel for the Defendant: Mr. Too holding brief for Mr. Mwangi for Defendant