Jedielmiriti Nyaga v County Government of Tharaka Nithi & Phineas Njage Ndubi [2017] KEELC 1605 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA MISC. ELC CASE NO  04 OF 2017

FORMERLY MERU MISC ELC CASE NO. 11 OF 2011

JEDIELMIRITI NYAGA (SUING AS THE LEGAL REPRESENTATIVE OF THE

ESTATE OF ALICE NYAGA)………................…………….………APPLICANT

VERSUS

COUNTY GOVERNMENT OF THARAKA NITHI………….1ST RESPONDENT

PHINEAS NJAGE NDUBI………………………….…........2ND RESPONDENT

RULING

1. To finalize this matter, the parties have proffered a consent signed for them by their advocates, which they want this court to adopt as its order.

The consent is in the following terms:

By consent of the parties and their respective advocates;

1. The 2nd respondent herein Phineas Ndubi to provide a road of access from parcel No. Mwimbi/Chogoria/3502 accessing parcel No. Mwimbi/Chgoria/497 of 6 metres wide.

2. The Land Registrar, Land Surveyor and the Physical Planner Meru South District do visit the locus in quo within 14 days for purposes of implementing the same.

3. The applicant and the 2nd respondent to share the government charges.

Dated 27th day of September, 2017

2. This consent is adopted as an order of this court.

3. For avoidance of doubt, the Land Registrar, the Land Surveyor and the Physical Planner, Meru South District, are directed to provide a road of access from parcel No. MWIMBI/CHOGORIA/3502 to give access to parcel No. MWIMBI/CHOGORIA/497 and which road of access should be 6 metres wide.

4. Orders contained herein to be implemented within the next 14 days.

5. Directions on 2nd November, 2017.

6. It is so ordered.

Delivered in open court at Chuka this 27th day of September, 2017 in the presence of:

CA: Ndegwa

Mwiti for the Applicant

Murango Mwenda for the 1st Respondent

Mwanzia for the 2nd Respondent

Kiongo as Amicus

P. M. NJOROGE

JUDGE