Edith Gaiti M'mugambi, Phylis Mwari Gituma & Mary Nkatha Kiambi v Moses Kithinji M'mugambi & Josphine Ndumba [2013] KEHC 5512 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 72 OF 2010

EDITH GAITI M'MUGAMBI....................................................................1ST PLAINTIFF

PHYLIS MWARI GITUMA....................................................................2ND PLAINTIFF

MARY NKATHA KIAMBI..................................................................... 3RD PLAINTIFF

VERSUS

MOSES KITHINJI M'MUGAMBI....................................................1ST DEFENDANT

JOSPHINE NDUMBA....................................................................2ND DEFENDANT

RULING

A consent between the plaintiffs and the defendant was presented to the Court on 26. 4.2013.  The plaintiffs and the defendant asked the Court to adopt it as an order of the Court.

I do note that the Interested Party was not party to the consent.  I, however, find that this can not prevent the plaintiffs and the defendant from willingly deciding on how the suit as it concerns them can proceed.

I, therefore, adopt the consent as an order of this Court.  This means that as between the plaintiffs and the defendant, this suit has been settled.  The Interested Party will,  however, have any claims she has against the plaintiffs and the defendant heard by the Court.  If any of the inhibitions/caveats/cautions or any other Court orders placed against land parcel number NKUENE/KITHUNGURI/247 either in Civil Suit No.72 of 2010 or LDT No. 2 of 2009 had been obtained at the instance of the Interested Party before 11th April, 2013, the date on which the Consent was signed by the plaintiffs and the defendant, then they should remain in place pending the hearing and determination of this suit.

I make no order as to costs.

DELIVERED AND SIGNED IN OPEN COURT THIS 11TH DAY OF JUNE, 2013 IN THE PRESENCE OF:

C c. Daniel

Mutuma present for plaintiffs

Firm of Gikunda Anampiu on record for 2nd defendants

2nd defendant present in person.

P. M. NJOROGE

JUDGE