Chumo & 2 others v Lelei [2025] KEELC 3876 (KLR)

Chumo & 2 others v Lelei (Civil Case 63 of 2021) [2025] KEELC 3876 (KLR) (7 April 2025) (Ruling)

Neutral citation: [2025] KEELC 3876 (KLR)

Republic of Kenya

In the Environment and Land Court at Kapsabet

Civil Case 63 of 2021

GMA Ongondo, J

April 7, 2025

Between

Joshua Kipkemei Chumo

1st Plaintiff

Wilson Chumo

2nd Plaintiff

David Chumo

3rd Plaintiff

and

Japheth Kibiwott Lelei

Defendant

Ruling

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plaintiff to have an application date 18th February 2025 together with notice of appointment of advocate of even date withdrawn.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 18th 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 5th 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 The application sought to be withdrawn is for substitution of the 4th plaintiff Philip Chumo with Irene Chepkemboi Koskei.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 Accordingly, the application dated 18th February 2025 is hereby marked as withdrawn with costs in the cause.

11. It is so ordered.

DATED AND DELIVERED AT KAPSABET THIS 7TH DAY OF APRIL 2025G M A ONGONDOJUDGEPRESENT;Ms Luseria instructed by Mr Songok learned counsel for the plaintiff/applicantMs Jeruto learned counsel for the defendant in the suit/plaintiff in the counter claimMr Kwame instructed by Odeyo instructed by Ms Odeyo learned counsel for the 5th defendant in the counter claimWalter Kipkorir, court assistant