Ogol v Ndeda & another (Suing as the administrators of the Estate of Tom Austin Ndeda Deceased)

Ogol v Ndeda & another (Suing as the administrators of the Estate of Tom Austin Ndeda Deceased) (Civil Appeal E049 of 2022) [2023] KEHC 796 (KLR) (9 February 2023) (Ruling) Neutral citation: [2023] KEHC 796 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CIVIL APPEAL E049 OF 2022 RE ABURILI, J FEBRUARY 9, 2023 BETWEEN VICTOR JUMA OGOL ........................................................................... APPELLANT AND JACINTER OTIENO OCHIENG ................................................. 1ST RESPONDENT MORIS OCHIENG NDEDA ........................................................ 2ND RESPONDENT SUING AS THE ADMINISTRATORS OF THE ESTATE OF TOM AUSTIN NDEDA - DECEASED (Being an Appeal from the Judgment/decree of Honourable S.W. Mathenge (SRM) dated and delivered on 28/9/2022 in Bondo PMCC No. 94 of 2020) RULING 1. This appeal was filed on October 18, 2022. 2. The lower court file has been called for but is yet to be availed to this court for admission of the appeal. The appellant’s counsel has on February 9, 2023, vide a notice of withdrawal of appeal dated November 28, 2022, sought to have the appeal withdrawn with no orders as to costs. 3. Upon perusal of the notice of withdrawal of appeal dated November 28, 2022, I hereby order that this appeal as filed on October 18, 2022 be and is hereby marked as wholly withdrawn with no orders as to costs. 4. This file is effectively closed. 5. I so order DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF FEBRUARY, 2023 https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/796/eng@2023-02-09 1

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