Fredrick M'rutere v Barnabas Kariuki Gathekia [2016] KEHC 2961 (KLR)

REPUBLIC OF KENYA

IN THE HIGH  COURT OF KENYA AT MERU

ENVIRONMENT AND LAND CASE NO. 61 OF 2015

FREDRICK M'RUTERE............................................................APPLICANT/PLAINTIFF

VERSUS

BARNABAS KARIUKI GATHEKIA …..............................DEFENDANT/RESPONDENT

R U L I N G

1. On  14/09/2016, the parties proferred a Consent dated 14/09/2016 and asked the Court to adopt it as its order.

2. The Consent is in the following terms:-

“By Consent of both parties herein and their respective counsel,  It  is hereby agreed that:-

a) All the money held by National Land Commission in respect to compensation  for compulsory acquisition of a portion of L.R No. NYAKI/MULATHNKARI/774 be released to Barnabas Kariuki Gathekia and Fredrick M' Rutere in equal shares forthwith.

b) The application dated 7th September, 2015 be marked as settled and its costs be in cause.

3. The Consent is adopted as an order of this Court.

4. Pursuant to the Consent all the money held by the National Land Commission in respect to compensation for compulsory acquisition of a portion of L.R NO. NYAKI/MULATHANKARI/774 be released to BARNABAS KARIUKI GATHEKIA and FREDRICK M'RUTERE in equal shares forthwith.

5. As per the Consent, the application dated 7th September, 2015 is marked as settled and costs  shall be in the cause.

6. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-

CC: Lilian/Daniel

Gichunge for the Defendant

Kimathi Kiara for the Plaintiff.

P.M. NJOROGE

JUDGE