RULING
1. Based on the Application of the Plaintiffs, this matter is hereby marked as withdrawn.
2. On the issue of costs, it is true that costs follow the event.
3. However, as Counsel for the Plaintiffs has submitted, this dispute is one which touches on family members who are still trying to establish and ascertain the estate of their deceased patriarch.
4. It is therefore in the Court’s view that the Plaintiff actions of recognizing the executors of the will as the lawful persons with authority on matters of the estate and withdrawing this matter is a positive action which should not be condemned by way of costs.
5. In view of the above, each party will bear its own costs
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Maathai
Defendant: Ms. Chesoo
ELC.LC E046 of 2025 1
1. Based on the Application of the Plaintiffs, this matter is hereby marked as withdrawn.
2. On the issue of costs, it is true that costs follow the event.
3. However, as Counsel for the Plaintiffs has submitted, this dispute is one which touches on family members who are still trying to establish and ascertain the estate of their deceased patriarch.
4. It is therefore in the Court’s view that the Plaintiff actions of recognizing the executors of the will as the lawful persons with authority on matters of the estate and withdrawing this matter is a positive action which should not be condemned by way of costs.
5. In view of the above, each party will bear its own costs
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Maathai
Defendant: Ms. Chesoo
ELC.LC E046 of 2025 1