Isiolo Printing Press v Robe Godana, Isaiah Kobia, Julius Menda & Francis Gitonga [2015] KEELC 67 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ENVIRONMENT AND LAND NO 289 OF 2013

ISIOLO PRINTING PRESS........................................................................PLAINTIFF

VERSUS

ROBE GODANA................................................................................1ST DEFENDANT

ISAIAH KOBIA .................................................................................2ND DEFENDANT

JULIUS MENDA ................................................................................3RD DEFENDANT

FRANCIS GITONGA................................................... .......................4TH DEFENDANT

R U L I N G

Two consents were  tendered to Court today.  The Parties prayed that the Consents  be adopted as orders of this Court. The first Consent was in the following terms,

“CONSENT

By Consent of the Plaintiff herein ISIOLO PRINTING PRESS , his Advocates on record NJUNJIRI MICHAEL & CO and the 2nd Defendant’s Advocate, it is hereby agreed as follows:-

The case/suit against the 2nd Defendant herein ISAIAH KOBIA be and is hereby withdrawn by the Plaintiff”. The consent is dated 11th November, 2015 and is duly signed by the Parties.

The Second Consent signed by the 4th Defendant, FRANCIS GITONGA and the firm of NGUNJIRI MICHAEL & CO  is dated 22nd October, 2015 and is in the following terms:-

“By Consent  of the Plaintiff’s Advocate and the 4th record,  kindly record  the following:-

THATland parcel No. ISIOLO 7918/558 is the Plaintiff’s property.

THATthe Defendant shall not enter, build, cultivate, sell lease and/or otherwise howsoever  interfere with the Plaintiff’s possession, user and/or enjoyment of land Parcel No. ISIOLO BLOCK 7918/558. Both parties know the said land on the ground.

THATthis matter be marked as settled between the Plaintiff and the 4th Defendant.

THATeach party (Plaintiff and 4th Defendant) do bear its own costs.

The two Consents are hereby adopted as orders of this Court. As a Consequence, the Plaintiff’s suit against the 2nd and the 4th Defendant is marked  as withdrawn and settled  with no orders as to costs.

It is so ordered.

Delivered in open Court at Meru this 11th day of November, 2015 in the presence of:-

CC: Daniel/Lilian

Ngunjiri for Plaintiff

Frank Gitonga for 2nd Defendant

Francis Gitonga (4th Defendant)

P. M. NJOROGE

JUDGE