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Original judgment

Mary Mwari Andrew & 2 others v Angelina Keeja Kinyua [2016] KEELC 1273 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU LAND AND ENVIRONMENT DIVISION E& L CASE NO 216 OF 2013 MARY MWARI ANDREW.......................................1ST PLAINTIFF MARGARET KANUU MWAJA............................. 2ND PLAINTIFF HARRIET MUGURE SAMUEL............................3RD PLAINTIFF VERSUS ANGELINA KEEJA KINYUA..................................... DEFENDANT JUDGMENT 1. In their Plaint dated 5th August, 2013, the Plaintiffs seek Judgment against the Defendant for: 1. An Order compelling the Defendant to subdivided and transfer land parcel L. No. ABOTHUGUCHI/GAITU/109 into 7 equal shares to ANGELINA KEEJA KINYUA, MARY MWARI ANDREW, MARGARET KANUU MWAJA, HARRIET MUGURE SAMUEL, JULIUS KIJOGI NABEA, LEWIS MURUGU NABEA AND DAVID KIMATHI NABEA. 2. Costs of this suit. 3. Any other relief this Honourable Court may deem fit and first to stand (sic). 2. On 07/09/2016, the parties proffered a Consent which they asked this Court to adopt as its order. The Consent which is signed by the representative of the firm of Gichunge Muthuri &Co, Advocates for the Plaintiffs and by Angeline Keeja Kinyua, the defendant, is in the following terms:“BY CONSENT the parties have agreed as hereunder: 1. THAT the suit be withdrawn with no order as to costs. 2. THAT land parcel LR. No. ABOTHUGUCHI/GAITU/109 be divided as follows:i. ANGELINA KEEJA KINYUA …................3 ½ ii. JULIUS KIJOGI NABE …......................3 ½ iii. LEWIS MURUGU NABEA......................3 ½

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iv. JULIA KINYA KIMATHI..............................3 ½ v. MARY MWARI ANDREW......................1 Acre vi. MARGARET KANUU MWANJA..........1 Acre vii. HARRIET MUGURE SAMWEL..........1 Acre viii. SOLOMON MWENDA MWORIA........1 Acre 3. THAT orders of inhibition issued on 07/08/2013 inhibiting any dealings with land parcel LR. No. ABOTHUGUCHI/GAITU/109 are lifted and/or discharged”. 4. This Consent is adopted as an order of this Court. 5. This suit is marked as settled and the parties may not bring back to Court matters that have been conclusively determined by this Judgment. 6. It is so ordered. DELIVERED IN OPEN COURT AT MERU THIS 14 TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:cc: Daniel /Lilian Rimita h/b Gichunge for Plaintiffs Angelina Keeja - Defendant P.M. NJOROGE JUDGE

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