Mary Losike v Enrico Ethbitar Eminae & Francis Lokume Lekalasimi [2017] KEELC 71 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 287 OF 2017

MARY LOSIKE................................................................APPLICANT

VERSUS

ENRICO ETHBITAR EMINAE.........................1ST RESPONDENT

FRANCIS LOKUME LEKALASIMI................2ND RESPONDENT

CONSENT/ORDER

1. On 12. 10. 17, the advocate’s parties in this matter proffered the following Consent, which they asked the Court to adopt as its order.

"BY CONSENT

(1) Inhibition (captured as prayer 3 in the application) to remain in place pending the hearing of the suit.

(2) The rent to be collected and to be deposited in the joint account of the respective Advocates. The Plaintiff and Defendant to collect the rent on alternative months with Plaintiff starting to collect in November and to deposit in the aforementioned account.

(3) Status quo on the land to remain which entails;

i. No development on the land.

ii. Injunctive orders are vacated.

(4) Defendants to comply within 14 days.

(5) Mention on 27. 11. 17 for PTD.

2. I find that the Consent is properly signed and is binding upon the Counsels.

3. Parties shall bear their own costs.

4. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 12TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-

C.A: Janet/Haway

Thangicia for Plaintiff

Ashaba for Defendant

HON. L. N. MBUGUA

ELC JUDGE