Kinuu M'ibutu v Joshua Mutwiri Ntarangwi [2016] KEHC 6705 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 48 OF 2009(OS)

KINUU M'IBUTU ….......................................................................PLAINTIFF/RESPONDENT

VERSUS

JOSHUA MUTWIRI NTARANGWI (Sued as legal Representative

of the Estate of ROBERT RINGERA..........................................DEFENDANT/APPLICANT

R U L I N G

This application is dated 19th January, 2016 and seeks orders that:-

The Honourable Court do dismiss the Plaintiff's/Respondent's case for want of prosecution.

The Honourable  Court do make such further orders as may meet the ends of justice in this case.

Costs of this application be provided for.

The application is supported by the affidavit of Joshua Mutwiri Ntarangwi, the applicant, and has the following grounds.

The Plaintiff has shown no interests (sic) at all to prosecute his case.

This case was filed merely to defeat the ends of justice.

The applicant and his siblings are suffering great loss and damages as a result of this case.

On 24/02/2016, the parties, by consent, agreed to have the application marked as withdrawn.  The Plaintiff,  by  consent, agreed to pay the Defendant  assessed costs in the sum of Kshs. 5000/=  within 7 days.

The application is marked withdrawn and settled. The Plaintiff is ordered to pay the Defendant  the sum of Kshs. 5000/= within 7 days of today.

The parties are ordered to fully comply with order 11,  CPR within 14 days.

It is so ordered.

Delivered in Open Court at Meru this 24th day of February, 2016in the presence of:-

CC: Lilian /Daniel

Miss E.G Mwangi for the Defendant

Rimita for the Plaintiff

P. M. NJOROGE

JUDGE