County Government of Marsabit v Board of Management Badassa Mixed Secondary School, Principal Badassa Mixed Secondary School & Biftu Contractors Limited [2017] KEELC 160 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 56 OF 2016

THE COUNTY GOVERNMENT OF MARSABIT.........................................................PLAINTIFF

VERSUS

BOARD OF MANAGEMENTBADASSA MIXED SECONDARYSCHOOL…1ST DEFENDANT

THE PRINCIPAL BADASSA MIXED SECONDARY SCHOOL.…..................2ND DEFENDANT

BIFTU CONTRACTORS LIMITED……………………………................….….3RD DEFENDANT

CONSENT/ORDER

1. On 23:10:2017, the advocates for parties herein in this matter proffered the following Consent, which they asked the Court to adopt as its order.

"BY CONSENT

1. That the 1st and 2nd Defendants shall identify and allocate to the Plaintiff, an alternate parcel of land measuring 100 acres in Jaldesa for use by the  1st Plaintiff’s Department of Agriculture and livestock.

2. That in return the Plaintiff shall effect a transfer of Plot No. 60 (the Suitland) from the Department of Agriculture and Livestock to the Department of Education, Science and Technology and facilitate the change of user from the Department of Agriculture and livestock to the Department of Education, Science and Technology.

3. That the suit herein be mention within 14 days to confirm settlement of terms.

2. The Consent filed on 24:10:17 is adopted as an order of the Court.

3. Parties shall bear their own costs.

4. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 24TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-

C.A: Janet/Haway

Kiango for 1st and 2nd Defendants-present

Mwalimu for Plaintiff –present

Kithinji H/B  for Halake for 3rd Defendant -present

HON. L. N. MBUGUA

ELC JUDGE