Doris Makena v Lucy Kanyua [2015] KEHC 1225 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO.109 OF 2009 (O.S.)

DORIS MAKENA..........................................................PLAINTIFF/RESPONDENT

VERSUS

LUCY KANYUA..............................................................DEFENDANT/APPLICANT

R U L I N G

This application is dated 28. 8.2015.  It seeks orders:

1. THAT the Honourable Court be pleased to issue an order cancelling and/or lifting the order of Inhibition placed against the defendant/applicant's LAND PARCEL NO.NTIMA/NTAKIRA/2847 pursuance to this Court's Order granted on 20th August 2009

2. THAT upon granting prayer No. 1 herein above, the orders cancelling and/or lifting the said Inhibition be served upon the Land Registrar, Meru Central for compliance.

3. THAT costs of this application be in the cause.

The Application is buttressed by the affidavit of LUCY KANYUA and has the following grounds:

1. There is no suit pending herein the same having been withdrawn on 7th July 2015.

2. The suit herein having been withdrawn, the order of inhibition placed against the defendant's/applicant's LAND PARCEL NO. NTIMA/NTAKIRA/2847 should equally be cancelled and/or lifted.

3. No prejudice will be occasioned to the plaintiff/respondent herein the suit herein having been withdrawn with no orders as to costs.

4. It is only just and fair that the orders sought for herein be granted.

On 2. 11. 2015, the parties proffered a consent which they asked this court do adopt as its order.  The consent is duly signed by the advocates representing the parties.  The consent is dated 2. 11. 2015 and is in the following terms:

CONSENT ORDER

“By consent, in view of the consent orders dated 7th July 2015 marking this suit as withdrawn with no orders as to costs, the inhibition placed against Land Parcel No. Ntima/Ntakira/2847be and is hereby lifted and/or cancelled.  There be no order asto costs.”

The consent is adopted as an order of this court. As per the consent, there is no order as to costs.

It is so ordered.

Delivered in Open Court at Meru this 2nd day of November, 2015 in the presence of:

Cc. Daniel/Lilian

Nyamu for Defendant/Applicant

Rimita for Plaintiff/Respondent

P. M. NJOROGE

JUDGE