Charles Njoka v Wilfred Rugendo Nyamu [2014] KEHC 258 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL APPEAL NO. 26 OF 2001

CHARLES NJOKA..............................................................APPELLANT

VERSUS

WILFRED RUGENDO NYAMU....................................RESPONDENT

J U D G E M E N T

In this Civil Appeal the parties signed a consent which was adopted as an order of the court on 20. 12. 2012.  The consent is in the following terms:

“By consent appeal herein is withdrawn and the lower Court Judgment and decree be set aside on the following terms:

1. THAT the appellant is to transfer one half of land parcel No. Magumoni/Thuita/533 to the three respondents and their two brothers NJAGI NYAMU and FRANCIS NYAMU.

2. THAT the respondents together with NJAGI NYAMU & FRANCIS NYAMU to meet Sub-division costs.

3. THAT each party to bear own costs for this appeal and lower court costs.

On 16th October, 2014 it was reported that the consent had been implemented.  The parties asked the court to mark the appeal as settled.

In the circumstances this appeal is marked settled and, therefore, determined with finality.  It may not be brought back to court.

It is so ordered

Delivered in Open Court at Meru this 16th day of October, 2014 in the presence of:

Cc. Daniel/Lilian

Muthomi for the Respondents

James Gitonga (son) for the appellant

P. M. NJOROGE

JUDGE