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Original judgment

Isiolo Printing Press v Robe Godana & 3others [2015] KEELC 67 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND NO 289 OF 2013 ISIOLO PRINTING PRESS........................................................................PLAINTIFF VERSUS ROBE GODANA................................................................................1ST DEFENDANT ISAIAH KOBIA .................................................................................2ND DEFENDANT JULIUS MENDA ................................................................................3RD DEFENDANT FRANCIS GITONGA................................................... .......................4TH DEFENDANT RULING Two consents were tendered to Court today. The Parties prayed that the Consents be adopted as orders of this Court. The first Consent was in the following terms, “CONSENT By Consent of the Plaintiff herein ISIOLO PRINTING PRESS , his Advocates on record NJUNJIRI MICHAEL & CO and the 2nd Defendant’s Advocate, it is hereby agreed as follows:i. The case/suit against the 2nd Defendant herein ISAIAH KOBIA be and is hereby withdrawn by the Plaintiff”. The consent is dated 11th November, 2015 and is duly signed by the Parties. The Second Consent signed by the 4th Defendant, FRANCIS GITONGA and the firm of NGUNJIRI MICHAEL & CO is dated 22nd October, 2015 and is in the following terms:“By Consent of the Plaintiff’s Advocate and the 4th record, kindly record the following:1. THAT land parcel No. ISIOLO 7918/558 is the Plaintiff’s property. 2. THAT the Defendant shall not enter, build, cultivate, sell lease and/or otherwise howsoever interfere with the Plaintiff’s possession, user and/or enjoyment of land Parcel No. ISIOLO BLOCK 7918/558. Both parties know the said land on the ground. 3. THAT this matter be marked as settled between the Plaintiff and the 4th Defendant. 4. THAT each party (Plaintiff and 4th Defendant) do bear its own costs. The two Consents are hereby adopted as orders of this Court. As a Consequence, the Plaintiff’s suit

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against the 2nd and the 4th Defendant is marked as withdrawn and settled with no orders as to costs. It is so ordered. Delivered in open Court at Meru this 11th day of November, 2015 in the presence of:CC: Daniel/Lilian Ngunjiri for Plaintiff Frank Gitonga for 2nd Defendant Francis Gitonga (4th Defendant) P. M. NJOROGE JUDGE

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