African Avengelical Presbyterian Church v Rev. Moses Mwithalii & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL CASE NO. 4 OF 2013 AFRICAN AVENGELICAL PRESBYTERIAN CHURCH...........................PLAINTIFF VERSUS REV. MOSES MWITHALII.................................................................1ST DEFENDANT MUTUNDA EDUCATION CENTRE...............................................2ND DEFENDANT JUDGMENT In its plaint the plaintiff sought orders for: 1. A permanent injunction restraining the 2nd defendant from trespassing or in any way taking possession and/or occupation of the plaintiff's premises situated at land parcel No. Amwathi/Maua/2048. 2. General damages for trespass. 3. The Costs of this suit and interest thereupon. On 8.7.2014, the parties presented a consent whose terms they prayed the court to adopt as an order of the Court. The Consent was in the following terms: “By consent of the parties herein and their counsels the suit herein be marked as withdrawn with no orders as to costs” The consent was signed by the firm of Mokua Obiria, Associates for the plaintiff, and by the firm of Meenye Kirima and Co. Advocates for the defendants. The consent terms are adopted as an order of this Court. The matter is marked withdrawn and the parties may not bring it back to Court. It is so ordered. Delivered in Open Court at Meru this 8th day of July, 2014 in the presence of:

page 1 of 2