1. The appellant commenced the instant appeal by the memorandum of appeal dated 25rd February 2026 seeking orders, inter alai;
a) The Appeal be allowed.
b) The Judgment and Decree delivered on 17th February 2026 in MCCC/E032/2024 be set aside.
c) Judgment be entered for the Appellant as prayed in the Plaint for Ksh. 361,399/= together with costs and interest.
2. The appellant appearing in person drew the attention of the court to his Notice of withdrawal dated 8th April 2026 and urged the court to allow the withdrawal of the appeal with no orders as to costs,
3. Mr Tallam learned counsel for the Respondent informed this Honourable Court that he had just been served with the notice of withdrawal. That he had no opposition to the withdrawal of the appeal.
4. It is trite law that generally, a party has the right to withdraw a matter before court subject to the rules of the court; see Geoffrey M. Asanyo & 3 others-vs-The Attorney General (2020) eKLR.
5. So, the Notice of withdrawal dated 8th April 2026 in respect of this appeal is firm, meritorious and allowed in the circumstances.
6. Thus, the instant appeal is hereby marked as withdrawn with no orders as to costs.
7. It is so ordered.
DATED AND DELIVERED at KAPSABET this 21st day of MAY 2026
G M A ONGONDO
JUDGE
PRESENT;
Appellant in person
Mr D. Tallam learned counsel for the Respondent
Walter Kipkorir, court Assistant