Odongo & another v Ojuok [2023] KECA 806 (KLR)

Odongo & another v Ojuok (Civil Application E083 of 2021) [2023] KECA 806 (KLR) (23 June 2023) (Order)

Neutral citation: [2023] KECA 806 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Civil Application E083 of 2021

F Tuiyott, JA

June 23, 2023

Between

Mary Omollo Odongo

1st Appellant

Apollo Odhiambo Guya

2nd Appellant

and

Hellen Ouma Ojuok

Respondent

(Being an Application for leave to substitute the deceased respondent)

Order

1. In an undated letter but under reference FEW/KSM/CIV/B 11407/2019, Wasuna and Company Advocates for the respondent wrote to the Deputy Registrar of this Court requesting for leave to discontinue and withdraw the application dated 13th May, 2021 for substitution of the deceased respondent in the appeal, as the appellants had since abandoned the appeal.

2. As the request for withdrawal is not opposed, I do hereby mark the application dated 13th May, 2021 as withdrawn with no order as to costs.

DATED AND DELIVERED AT KISUMU THIS 23RD DAY OF JUNE, 2023. F. TUIYOTT............................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR