REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 18  OF 2019

FORMERLY MARIMANTI ELC 48 OF 2017

FORMERLY CHUKA ELC 191 OF 2017

DALCO TRADING CENTRE...........................................................APPLICANT/PLAINTIFF

VERSUS

KAMAITA IMATHIU..........................................................1^ST RESPONDENT/DEFENDANT

LAWRENCE N. MUGAMBI..............................................2^ND RESPONDENT/DEFENDANT

MOHAMED HASHIN JAMAH.........................................3^RD RESPONDENT/DEFENDANT

LAND REGISTRAR, THARAKA NITHI COUNTY......4^TH RESPONDENT/DEFENDANT

RULING

1. This application is dated 10^th December, 2019 and states that it has been brought to court under Section 3A of the Civil Procedure Act (CAP 21 Laws of Kenya), Order 9 Rule 13 of the Civil Procedure Rules, 2010) and all other enabling provisions of the law. The application seeks orders:-

1. That the firm of M/S Kiogora Ariithi & Associates Advocates be allowed to cease acting for the 3^rd defendant in this suit.

2. That the costs of this application be provided for.

2. The application has the following grounds:

a) That the 3^rd defendant has ceased cooperating with his advocates in this suit.

b) That the 3^rd defendant has failed to furnish his advocate with instructions hence the advocate is unable to continue acting in the matter.

3. The application is supported by the affidavit of Julius Kiogora Ariithi sworn on 10^th December, 2019 which states:-

I, JULIUS KIOGORA ARIITHI of P. O. Box 3279-60200, Meru in the Republic of Kenya do hereby make oath and state as follows:-

1. That I am an advocate of the High Court of Kenya practicing as such in the name and style of Kiogora Ariithi & Associates Advocates hence I am competent to make and swear this affidavit.

2. That I have been conducting this suit on behalf of the 3^rd defendant in this matter.

3. That the 3^rd defendant has ceased cooperating with me in this suit and has failed to heed my professional advise.

4. That due to lack of cooperation from the 3^rd defendant’s I am unable to proceed with this suit hence my application to be allowed to cease acting for the 3^rd defendant.

5. That what I have deponed to hereinabove is true to the best of my knowledge, information and belief.

4. On 16^th December, 2019, M/S Nyambura Kithaka told the court that Mr. Kiogora Ariithi had decided to withdraw the application and continue representing the 3^rd defendant.

5. In the circumstances, this application is marked withdrawn with no order as to costs.

6. Orders accordingly.

Delivered in open Court at Chuka this 16^th day of December, 2019 in the presence of:

CA: Ndegwa

Siagi for the Plaintiff

M/s Kithaka for the 3^rd defendant

Kiongo for the 4^th defendant

P. M. NJOROGE,

JUDGE.