CLEOPHAS NCHOGU ATATI AND KELVIN OGETO ATATI VS Chief Land Registrar Nairobi AND THE ESTATE OF JEREMIAH OMAO GETABU (DECEASED)

I have considered the Plaintiffs’ application to withdraw the suit against the First Defendant and the respective submissions.

Regarding the submission by Mr Marita that an incompetent suit cannot be withdrawn, I note that there is no order on record at this point declaring the Plaintiffs’ suit against the First Defendant as incompetent. There is no bar to the withdrawal of the suit.

Regarding costs, I note that in the heading of the Plaint, the estate of Jeremiah Omao is stated to be sued through Lumumba Omao, just like the Chief Land Registrar is sued through the Attorney General. In those circumstances, and in view of the description of the First Defendant at paragraph 2 of the Plaint, I am persuaded that Lumumba Omao has been joined in the suit to represent the said estate. He would ordinarily be entitled to costs.

In the circumstances, I make the following orders:

1. The Plaintiffs’ suit against the First Defendant is withdrawn.
2. Costs are at the discretion of the Court. In view of the family relationship, I make no order as to costs.

Dated this 22^nd day of July 2025.