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Original judgment

Thambu Mukunga v Town Council of Chogoria Alias Chogoria Town Council

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 RULING This application is dated 6.10.2014 and seeks the following orders. 1. THAT the application be certified urgent and it be heard ex-parte on priority basis. 2. THAT the 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. 3. THAT cost of the application be in the cause. It is predicated upon the following grounds. 1. THAT the plaintiff/applicant is over 76 years old and is quite decrepit due to sickness. 2. THAT the plaintiff/applicant is hypertensive and his medical condition is deteriorating. 3. THAT counsel for the defendant/respondent has signed consent to the prayer sought. 4. THAT it is in the interest of the parties herein and justice, that this matter be urgently settled. 5. THAT the 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

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P. M. NJOROGE JUDGE

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