SUGUTA NYAMIBIRI AND ROBI MUKIRA NYAMIBIRI VS SAMWEL CHACHA NYAMIBIRI

                                                                                                                   RULING

1. This ruling is with regard to an application by way of a Notice of Motion dated 13^th May 2024 by the applicant/defendant through Orina and Company Advocates for, inter alia, that there be stay of sale, transfer and disposal of a quarter share of land reference Bukira/Bwisaboka/702 pending the outcome of the intended review of the judgment delivered herein, the applicant to reopen the case, file amended pleadings and set suit down for hearing.
2. Mr S. Orina learned counsel for the applicant/defendant has prayed for the withdrawal of the application to enable the applicant regularise the position herein.
3. Mr Agure Odero learned counsel for the respondents/plaintiffs has no opposition to the withdrawal of the application as the applicant  has not demonstrated any bad faith herein as noted in Oscar Oluoch Ouma Kabote and Loice Kawaka & others (2022) eKLR.
4. To that end, I find merit in the prayer for withdrawal of the application.
5. Accordingly, the application dated 13^th May 2024, be and is hereby marked as withdrawn and each party shall bear their respective costs.
6. It is so ordered.

DATED and DELIVERED VIRTUALLY at HOMA BAY this 22^rd day of July 2024.

GEORGE M  A  ONGONDO

JUDGE

PRESENT

Mr S Orina learned counsel for the applicant/defendant

Mr Agure Odero learned counsel for the respondents/plaintiffs

Mr Tom Maurice court assistant