Marko Ngaine v Director of Lands & Settlement Schemes,Attorney General,Juliano Mukungu,M'thaka Riungu,St. Mary's Girl Igoji,Batholomew Riungu & Silvestor Muchunku [2016] KEHC 6764 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 406 OF 1994

MARKO NGAINE …................................................................................PLAINTIFF

VERSUS

DIRECTOR OF LANDS & SETTLEMENT SCHEMES.............1ST DEFENDANT

ATTORNEY GENERAL …..........................................................2ND DEFENDANT

JULIANO MUKUNGU..................................................................3RD DEFENDANT

M'THAKA RIUNGU......................................................................4TH DEFENDANT

CHAIRMAN BOARD OF GOVERNORS

ST. MARY'S GIRL IGOJI..............................................................5TH DEFENDANT

BATHOLOMEW RIUNGU............................................................6TH DEFENDANT

SILVESTOR MUCHUNKU............................................................7TH DEFENDANT

R U L I N G

On 29th February, 2016, the parties in this matter proffered a Consent which they asked the Court to adopt as its order.

The Consent was in the following terms:-

“By consent of the Counsel for Plaintiff and for 1st, 2nd and 5th Defendants, this matter be transferred to Nkubu Law Courts for hearing and determination”.

The Consent was properly signed by the parties' Advocates. The 3rd and 4th defendants have never entered  appearance or  filed a defence.

This suit was filed in 1994, 22 years ago.  In view of the Consent, I reluctantly pay obeisance to the parties' wishes.  In the circumstances, this suit is in terms of Section 18, CPA, transferred to Nkubu Law Courts for hearing and determination.

It is so ordered.

Delivered in open Court at Meru this  29th day of February, 2016in the presence of:-

CC: Daniel/Lilian

Kimathi Kiara for Plaintiff

Kiongo  for 1st , 2nd and 5th Defendants

P.M. NJOROGE

JUDGE