IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, MUSINGA, GATEMBU, JJ.A.)
CIVIL APPLICATION NO. NAI 298 OF 2013
BETWEEN
BENSON ALLAN MUSONGA...........................................1ST APPLICANT
ROSELINE MWIKALI KARANJA..................................... 2ND APPLICANT
AND
JOTHAM MUKORO MONO .............................................RESPONDENT
(An application to strike out a notice of appeal from the High Court Of
Kenya at Kitale (Obaga, J.) dated 29th July, 2013
in
HCCC NO. 121 OF 2012)
********** ******
ORDER OF THE COURT
Learned Counsel for the Respondent/Appellate Mr. Mokua wishes to withdraw the notice of appeal the subject of the application to strike out made by the Applicant/Respondent under rule 84 of the rules of the court.
Mr. Kiarie learned counsel for the Respondent/Applicant has no objection and has in the circumstances indicated that the application dated 24th October, 2013 may be withdrawn with costs to the Respondent/Applicant.
In the circumstances, the appellants notice of appeal dated 26th September, 2013 is marked as withdrawn under rule 83 of the rules of the Court.
The appellants application dated 24th October, 2013 is also marked as withdrawn under rule 52 of the rules of the Court.
In the spirit of comprise exhibited by both parties each party shall bear their own costs of the application.
DATED at Eldoret this 25th June, 2015
D.K.MARAGA
JUDGE OF APPEAL
D. K. MUSINGA
JUDGE OF APPEAL
S. GATEMBU KAIRU FCIArb
JUDGE OF APPEAL
I certify that this is
a true copy of the original
DEPUTY REGISTRAR