Kirorei & another v Kitita [2024] KEELC 4932 (KLR) | Preliminary Objection | Esheria

Kirorei & another v Kitita [2024] KEELC 4932 (KLR)

Full Case Text

Kirorei & another v Kitita (Environment and Land Case Civil Suit E001 of 2023) [2024] KEELC 4932 (KLR) (24 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4932 (KLR)

Republic of Kenya

In the Environment and Land Court at Narok

Environment and Land Case Civil Suit E001 of 2023

CG Mbogo, J

June 24, 2024

Between

John Rakita Kirorei

1st Plaintiff

Simon Nkoitoi Ole Kirorei

2nd Plaintiff

and

Popotie Ole Kitita

Defendant

Ruling

1. This matter was slated for ruling on 24th June, 2024, with respect to the notice of preliminary objection dated 8th May, 2023 and filed in court on 9th May, 2023. However, when the court retired to write its ruling, the counsel for the parties herein filed a consent dated 18th June, 2024 wherein the defendant/respondent withdrew the notice of preliminary objection.

2. This court therefore adopts the consent dated 18th June, 2024 as an order of the court in the following terms: -i.By consent the defendant/ respondent herein withdraws the notice of preliminary objection dated 8th May, 2023 and received in court on 9th May, 2023. ii.Each party to bear its own costs in respect of the preliminary objection dated 8th May, 2023. Orders accordingly.

DATED, SIGNED & DELIVERED VIA EMAIL this 24TH day of JUNE, 2024. HON. MBOGO C.G.JUDGE24/06/2024.