When this matter came up for directions on the 2nd Defendant's application dated 11.11.2022, counsel for the Plaintiff informed the court that the Plaintiff wished to withdraw the suit in accordance with the Notice of Withdrawal of Suit dated 08.03.2023. Since the 2nd Defendant's application seeks to enforce a compromise based on a Deed of Settlement, the application shall be heard alongside any response that the Plaintiff may file and the court shall consider whether the suit may be withdrawn in the face of a settlement agreement.
DATED and DELIVERED at NAIROBI this 17th day of MARCH 2023
D. S. MAJANJA
JUDGE