- By an application by way of a notice of motion dated 9th March 2021 pursuant to, inter alia, sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya and Article 159 OF THE Constitution of Kenya 2010 the applicants through Kipkosigei Choge and Company Advocates are seeking the following orders; (aThat the Honourable Court be pleased to grant leave to the Applicants to Amend the Defence in E & L No 12 of 2021 (the suit) so as to Substitute the Deceased Defendant with the Administrator of his Estate. (b) That the Honourable Court be pleased further to allow the Applicants/ the Administrator now the Defendants to Consolidate and Amend the Defence in E & L NO 12 of 2021 with the Plaint in E & L NO 57 of 2021 and in No E006 of 2022, the Plaintiff/s in these suits NO E & L No 57 of 2021 and E & L No. E006 of 2022 already being the proposed Defendants in the suit.
- Mr Sang instructed by Mr Choge learned counsel for the applicants has sought leave to withdraw the application. That the applicants intend to file afresh application as there are changes in this matter.
- There is no response to the application and leave sought to withdraw the same.
- It is established law that the choice by a party to withdraw a matter before court having given reasons thereof as a general rule, cannot be taken away from that party; see Council of Governors-vs-Senate & another; SC Reference No. 1 of 2014 (2014) eKLR.
- Learned counsel for the applicants has given reasons for the withdrawal of the application as stated in paragraph 2 hereinabove.
- In the premises, I find merit in the applicant’s request to withdraw the application.
- Accordingly, I hereby allow the withdrawal of the application dated 9th March 2025 with no orders as to costs.
- It is so ordered.
DATED and DELIVERED at KAPSABET this 21st day of May 2025.
G M A ONGONDO
JUDGE
PRESENT
Mr Sang instructed by Mr Choge learned counsel for the applicants
Mr Walter Kipkorir, court assistant