John Nkonge M'arithi & 2 others v Peninah Nkatha & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ENVIRONMENT AND LAND CASE NO 114 OF 2016 JOHN NKONGE M'ARITHI..........................................1ST PLAINTIFF MAGDALINE NYAMBURA..........................................2ND PLAINTIFF JOYCE MBOYA...........................................................3RD PLAINTIFF VERSUS PENINAH NKATHA.................................................1ST DEFENDANT CHRIS KINYUA WANJAGI....................................2ND DEFENDANT JUDGMENT 1. The Plaintiff in his Plaint dated 27/07/2016 seeks orders against the defendants jointly and severally for:a) A declaration that the 1st Defendant's notice to the Plaintiffs to vacate the demised premises on Plot No. NTIMA/IGOKI/2079 dated 23/06/2016 is null and void. b) An order of permanent injunction do issue restraining the 1st Defendant, whether by herself, her employees, agency, servants or anyone acting at their behest from unlawfully evicting the Plaintiffs from the demised premises on the subject plot herein. c) Costs of the suit and interests. 2. On 20/12/2016, the 1st Plaintiff told the Court that he had vacated the suit premises. He asked the Court to mark the suit as settled without no order as to costs. 3. Mr. Muriuki, the Plaintiff's Advocate, told the Court that he was amenable to the Plaintiff's request BUT only if the Plaintiff fully vacates the Defendant's premises. 4. Mr. Muriuki told the Court that his clients were willing to forgo costs. 5. In the circumstances , it is ordered as follows:(1) The suit is marked settled with no orders as to costs as long as it is established that the Plaintiff has vacated the suit premises. (2) In the event that the Plaintiff has not fully vacated Plot No. NTIMA/IGOKI/2079, an order is issued that he be evicted from the premises with the assistance of the O.C.S Meru Police Station.

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