Salome Nkirote v Philip Kang'ethe Kahoro & Nimrod Kahoro [2016] KEHC 4536 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIROMENTAL & LAND  CASE NO 198 OF 2012

SALOME NKIROTE …..............................................................................PLAINTIFF

VERSUS

PHILIP KANG'ETHE KAHORO....................................................1ST DEFENDANT

NIMROD KAHORO......................................................................2ND DEFENDANT

R U L I N G

This application is dated 05/05/2016  and seeks orders:-

That the Court do be pleased to set aside the interlocutory judgment against the defendants.

The Court do grant any other orders  it deems just and equitable in the circumstances.

Costs be in cause.

The application is supported by the affidavit of PHILIP KANGETHE KAHORO, the 1st Defendant, and has the following grounds.  On 09/05/2016, the parties proffered a Consent for adoption as an order of this Court. It was in the following terms:-

“ CONSENT

By Consent the application dated 05/05/2016 be and is hereby allowed in the following terms:-

The Defendants  be accorded 14 days from the date hereof to file a defence.

Costs be in the cause.”

The Consent is properly signed by the Advocates representing the parties. It is adopted as an order of this Court.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS  9TH DAY OF MAY. 2015 IN THE PRESENCE OF:-

CC: Daniel/Lilian

Mutwiri Arimi for the Plaintiff

Ken Muriuki  for the Defendant

P.M NJOROGE

JUDGE