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Original judgment

Marko Ngaine v Director of Lands & Settlement Schemes & 6 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL SUIT NO 406 OF 1994 MARKO NGAINE …................................................................................PLAINTIFF VERSUS DIRECTOR OF LANDS & SETTLEMENT SCHEMES.............1ST DEFENDANT ATTORNEY GENERAL …..........................................................2ND DEFENDANT JULIANO MUKUNGU..................................................................3RD DEFENDANT M'THAKA RIUNGU......................................................................4TH DEFENDANT CHAIRMAN BOARD OF GOVERNORS ST. MARY'S GIRL IGOJI..............................................................5TH DEFENDANT BATHOLOMEW RIUNGU............................................................6TH DEFENDANT SILVESTOR MUCHUNKU............................................................7TH DEFENDANT RULING On 29th February, 2016, the parties in this matter proffered a Consent which they asked the Court to adopt as its order. The Consent was in the following terms:“By consent of the Counsel for Plaintiff and for 1st, 2nd and 5th Defendants, this matter be transferred to Nkubu Law Courts for hearing and determination”. The Consent was properly signed by the parties' Advocates. The 3rd and 4th defendants have never entered appearance or filed a defence. This suit was filed in 1994, 22 years ago. In view of the Consent, I reluctantly pay obeisance to the parties' wishes. In the circumstances, this suit is in terms of Section 18, CPA, transferred to Nkubu Law Courts for hearing and determination. It is so ordered. Delivered in open Court at Meru this 29th day of February, 2016 in the presence of:-

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CC: Daniel/Lilian Kimathi Kiara for Plaintiff Kiongo for 1st , 2nd and 5th Defendants P.M. NJOROGE JUDGE

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