Abdulkadir Nura v Dura Dabaso Jiro & Noor Dabaso Jillo [2016] KEHC 4512 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 96 OF 2011

ABDULKADIR NURA.....................................................................PLAINTIFF

VERSUS

DURA DABASO JIRO....................................................................IST DEFENDANT

NOOR DABASO JILLO..................................................................2ND DEFENDANT

J U D G M E N T

In his plaint dated 19th July, 2011, the Plaintiff prays for Judgment against the Defendant for:-

An order of Permanent Injunction  restraining the Defendant, his agents, servants or anyone acting on his behest from trespassing, building and or interfering with the Plaintiff's peaceful occupation of Plot No. 243B Moyale.

Costs of this suit.

On 11th May, 2016, the Advocates for the parties intimated to Court that they had a Consent which they urged the Court to record as its Order.  The Consent was dated 11th May, 2016 and was in the following terms:-

CONSENT

“By Consent of the Counsel and parties herein, it is hereby agreed that Judgment be entered for the Plaintiff against the Defendant for Kshs. 600,000/= all inclusive.  The suit and Counterclaim be marked as withdrawn  with no order as to costs”

I do confirm that the Consent is properly signed by the Advocates who represent the parties in this suit. Therefore, this Consent is adopted as  an order of this Court.

Consequently the Court issues the following Orders:-

Judgment is entered for the Plaintiff against the Defendant for Kshs. 600,000/=.

Parties will bear own Costs.

This suit is marked as settled and issues in the suit cannot be re-litigated by the parties.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 11TH DAY OF MAY, 2016 IN THE PRESENCE OF:-

Lilian/Daniel

Kimathi Kiara for the Plaintiff

Bundi for the Defendant

P.M. NJOROGE

JUDGE