MICHAEL KOSGEI KANDA AND EVANS KIPROP KANDA AND 6 Others VS JOSEPH KIPKOECH CHEMWOR AND THE LAND REGISTRAR-ELGEIYO MARAKWET COUNTY AND 1 Others

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RULING

1. The matter is for hearing of the Applicant’s case.
2. The witness PW1 was stood down to prepare and put his house in order to continue today.
3. However, this morning, the Applicants have an Application to withdraw the current Originating Summons and seeks other methods of proceeding with the matter.
4. Counsel for the 1^st Respondent opposed the withdrawal on the basis that the matter has been in Court for a long time and his clients have suffered in the litigation.
5. Counsel for 4^th – 11^th Respondents did not oppose the Application for withdrawal to sought for costs of the proceeding.
6. Similarly, the 2^nd and 3^rd Respondents’ Counsel did not oppose the withdrawal save for costs.
7. The Court has considered the submissions of all parties and makes the following orders in determining the Application for Withdrawal.
8. The Amended Originating Summons dated 28.05.2025 be and is hereby marked as withdrawn.
9. The Applicants are condemned to pay costs of this proceedings to the 1^st Respondent and 4^th – 11^th Respondents jointly and severally.
10. Due to the fact that the Applicants’ Amended Originating Summons was not fully prosecuted, the ownership of the Applicants jointly and/or severally was never proofed and/or ascertained and the ownership of the properties known as L.R LELAN/KAPTALAMWA/274 remain for Rotich Kwambai and L.R NO. LELAN/KAPTALAMWA/275 is the property of Joseph Kipkoech Chemwor.
11. Consequently, the Applicants are directed to ensure that the ownership of L.R NO.LELAN/KAPTALAMWA/274 and 275 are respected unless there is a Court Order to direct otherwise.
12. If need be any party is at liberty to apply

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Nyachiro for the Plaintiff being led with Mr. Momanyi

Defendant: Mr. Wafula for the 1^st Respondent

  Mr. Simiyu for 4^th – 11^th Respondent

  Mr. Kutei holding brief Ms. Cheruiyot for the 2^nd and 3^rd Respondents

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