Thambu Mukunga v Town Council of Chogoria alias Chogoria Town Council [2015] KEHC 2419 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCC 103 OF 2010

THAMBU MUKUNGA...................................................................................PLAINTIFF

VERSUS

TOWN COUNCIL OF CHOGORIA ALIAS CHOGORIA TOWN COUNCIL.......DEFENDANT

R U L I N G

This application is dated 6. 10. 2014 and seeks the following orders.

THATthe application be certified urgent and it be heard ex-parte onpriority basis.

THATthe inhibition registered against L. R. No. Mwimbi/Chogoria/501, pursuant to the order of the court in a ruling dated and delivered herein on 13. 04. 2011 be lifted, to facilitate effective transfer of afore-said land in terms of the judgment delivered herein on 31. 07. 2014.

THATcost of the application be in the cause.

It is predicated upon the following grounds.

THATthe plaintiff/applicant is over 76 years old and is quite decrepit due to sickness.

THATthe plaintiff/applicant is hypertensive and his medical condition is deteriorating.

THATcounsel for the defendant/respondent has signed consent to the prayer sought.

THATit is in the interest of the parties herein and justice, that this matter be urgently settled.

THATthe court is encouraged to promote settlement of disputes by consent of parties.

The application is simply meant to facilitate the implementation of a consent judgment adopted by this court and delivered on 31. 7.2014.  In the circumstances, I allow the application.

It is so ordered.

Delivered in Open court at Meru this 7th day of October, 2014 in the presence of:

Daniel/Lilian

Calpeters Mbabu for Applicant

P. M. NJOROGE

JUDGE