1. This Applicant herein being dissatisfied with the decision of the court preferred an appeal against the decision.
2. In a Notice of Motion dated 02/07/2026 the Applicant sought orders thus;
a) The matter be certified as urgent.
b) The Honourable court be pleased to grant leave to the firm of Benedict Odhiambo Oloo & Co Advocates to come on record on behalf of the Applicant herein.
c) This Honourable court be pleased to grant the Applicant leave to file an Appeal out of time against the whole Judgment delivered on 9 th March 2023 by Hon Justice J.T. Lolwatan in Maralal Commercial Court being MCCC No. E008 of 2022 at Maralal.
d) That there be a stay of execution of the judgment delivered on 9 th March 2023 and the resultant decree pending hearing and determination of this application.
e) That there be a stay of execution of the said judgment and decree pending the hearing and determination of the intended Appeal.
f) The costs of this application be provided for.
3. A perusal of the application prompted the court to point out that the court would not sit at an appellate court against the decision of a judge of similar jurisdiction.
4. In the result a Notice of Withdrawal of the Appeal was filed dated 10/7/2026 seeking to have the appeal withdrawn. There being no objection to the application, the same is allowed and the file is closed.
5. It is so ordered.
pg. 2
2. In a Notice of Motion dated 02/07/2026 the Applicant sought orders thus;
a) The matter be certified as urgent.
b) The Honourable court be pleased to grant leave to the firm of Benedict Odhiambo Oloo & Co Advocates to come on record on behalf of the Applicant herein.
c) This Honourable court be pleased to grant the Applicant leave to file an Appeal out of time against the whole Judgment delivered on 9 th March 2023 by Hon Justice J.T. Lolwatan in Maralal Commercial Court being MCCC No. E008 of 2022 at Maralal.
d) That there be a stay of execution of the judgment delivered on 9 th March 2023 and the resultant decree pending hearing and determination of this application.
e) That there be a stay of execution of the said judgment and decree pending the hearing and determination of the intended Appeal.
f) The costs of this application be provided for.
3. A perusal of the application prompted the court to point out that the court would not sit at an appellate court against the decision of a judge of similar jurisdiction.
4. In the result a Notice of Withdrawal of the Appeal was filed dated 10/7/2026 seeking to have the appeal withdrawn. There being no objection to the application, the same is allowed and the file is closed.
5. It is so ordered.
pg. 2