I have considered the submissions. The plaintiff has made it clear that he wants to withdraw the suit. This is the plaintiff’s suit. The first and third defendants who are represented in court have no objection to the withdrawal. They only pray for costs. The second defendant is aware of today’s date but has not attended court.
The issue as to whether the intended interested party should join the case is in my view moot at this point. Mr Mbaka has correctly stated that his client can file her own suit. I see no valid reason to keep the suit pending. The suit is hereby marked withdrawn. I make no order as to costs in view of the family relationship between the parties. Case closed.
Dated 15th May 2024.