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Original judgment

David Mururu M'Itaru v Paul Mathew Itaru & 5 others

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL CASE NO. E009 OF 2023 DAVID MURURU M’ITARU......................................PLAINTIFF =VERSUS= PAUL MATHEW DEFENDANT ITARU......................................1ST SAMUEL MWIA DEFENDANT ITARU......................................2ND BEATRICE DEFENDANT AKUI ITARU....................................3RD THE LAND DEFENDANT REGISTRAR, MERU COUNTY...........4TH THE SUB COUNT LAND ADJUDICATION & SETTLEMENT OFFICER, TIGANIA WEST/EAST......................................5TH DEFENDANT THE HON DEFENDANT ATTORNEY GENERAL.......................6TH RULING 1

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[EX-TEMPORE] 1. This matter was scheduled for hearing today. PW1 testified and was cross-examined. When the plaintiff took the stand ready to take oath and tender evidence as PW2, his counsel stood up and made an oral application primary suit. to withdraw the He submitted that the plaintiff would bear costs of the primary suit. 2. On their part, the 1st - 3rd defendants did not oppose the oral plea to withdraw the primary suit on the above terms. In addition, counsel for the 1st – 3rd defendants similarly made an oral plea to withdraw the counterclaim dated 7/12/2023 with no order as to costs. The plaintiff did not object to the oral plea to withdraw the counterclaim on the above terms. 3. On their part, the 4th – 6th defendants conceded to the two intended withdrawals but insisted on being awarded costs of the primary suit. 4. In the circumstances, the following orders are made: (a) The primary suit by David Mururu M’Itaru is marked “withdrawn”. (b) David Mururu shall bear costs of the primary suit. (c) The counterclaim by the 1st – 3rd defendants is marked “withdrawn with no order as to costs”. (d) This file is marked “case closed” 2

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DATED, SIGNED AND DELIVERED AT MERU THIS 7TH DAY OF OCTOBER, 2026. B M EBOSO [MR] ELC JUDGE In the Presence of: Ms Muthamia for the Plaintiff. Mr Otieno C for the 1st – 3rd Defendants Ms E. Wairimu for the 4th – 6th Defendants. Mr. E. Tupet – Court Assistant 3

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