Diocese of Meru Registered Trustees v Tharaka Nithi County Government [2018] KEELC 884 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 122  OF 2017

FORMERLY MERU ELC.  162 OF 2010

DIOCESE OF MERU REGISTERED TRUSTEES....................PLAINTIFF

VERSUS

THARAKA NITHI COUNTY GOVERNMENT......................DEFENDANT

RULING

1.  By a plaint dated 7th December, 2010, the plaintiff seeks judgment against the defendant in the following terms:

a)  A declaration that L.R. No. South Tharaka/Tunyai ‘A’/79 and South Tharaka/Tunyai ‘A’/136 were set aside by the defendant and its predecessors for use and development by the plaintiffs.

b)  An order that the said parcels of land be registered in the name of the plaintiffs.

c)  A permanent injunction restraining the defendant by itself and/or its agents from interfering, re-planning, surveying, allocating, selling or in any other manner disposing land parcels No. South Tharaka/Tunyai ‘A’/79 and South Tharaka/Tunyai ‘A’/136.

d)  Costs and interest.

e)  Any further or better relief this honourable court may deem fit to grant.

2.  On 14th November, 2018, Mr. J. Mutuma, holding brief for Mr. Rimita, the plaintiff’s advocate, told the court that the parties had agreed to have the matter settled out of court. Mr. Murango Mwenda, the defendant’s advocate, confirmed this position. They both asked the court to mark the suit as withdrawn with no order as to costs.

3.  In the circumstances, this suit is marked as withdrawn and should be removed from the register of pending ELC Cases at Chuka.

4.  Parties are ordered to bear their own costs.

5.  Orders accordingly.

Delivered in open court at Chuka this 14th day of November, 2018 in the presence of:

CA: Ndegwa

J. Mutuma h/b Rimita for the plaintiff

Murango Mwenda for the defendant

P.M. NJOROGE

JUDGE