WILSON CHUMO AND DAVID CHUMO VS JAPHET KIBIWOTT LELEI

1. This ruling is in respect of an application by Ms Luseria instructed by Mr Songol learned counsel for the plaintiff to have an application date 18^th February 2025 together with notice of appointment of advocate of even date withdrawn.
2. The basis of the application for the said withdrawal is to pave way for hearing of an application dated 18^th March 2025 herein.
3. Ms Jeruto learned counsel for the defendant in the suit/ the plaintiff in the counter claim, has no objection to the withdrawal of the application subject to costs.
4. Mr Kwame instructed by Ms Odeyo learned counsel for the 5^th defendant in the counter claim has no objection to the withdrawal, too.
5. In that regard, is the application merited?
6. The application sought to be withdrawn is for substitution of the 4^th plaintiff Philip Chumo with Irene Chepkemboi Koskei. The substitution is yet to be done herein.
7. The application for withdrawal is not opposed.
8. This court has the discretion to award costs of the application as per the proviso to section 27 (10 of the Civil Procedure Act Chapter 21 Laws of Kenya.
9. It is therefore, the finding of this court that the application for withdrawal is firm and meritorious.
10. Accordingly, the application dated 18^th February 2025 is hereby marked as withdrawn with costs in the cause.
11. It is so ordered.

Dated and delivered at Kapsabet this 7^th day of April 2025

G  M  A  ONGONDO

JUDGE

PRESENT;

              Ms Luseria instructed by Mr Songok learned counsel for the  plaintiff/applicant 

              Ms Jeruto learned counsel for the defendant in the suit/plaintiff in the counter claim

Mr Kwame instructed by Odeyo instructed by Ms Odeyo learned counsel for the 5^th defendant in the counter claim

Walter Kipkorir, court assistant