REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT CHUKA CHUKA ELC CASE NO 67 OF 2017 FORMERLY MERU ELC CASE NO.100 OF 2015 JANE CIANDURU CHEGE...................................PLAINTIFF VERSUS JOSEPHINE MUKWANJAGU.................1ST DEFENDANT ALBERT KIRIMI NCEGE.........................2ND DEFENDANT EPHANTUS MUGENDI M’RITHI............3RD DEFENDANT JUDGMENT 1. The plaintiff in her plaint dated 23rd September, 2015 prayed for judgment against the defendants jointly and severally for: a) A declaration that the subdivision of land Parcel No.KARINGANI/GITARENI/690 and subsequent transfer from the deceased M’RITHI M’RINGATA to the defendants was fraudulent, improper, unlawful, and null and void ab initio. b) An order for cancellation of land Parcels Number KARINGANI/GITARENI/3205, 3206 and 3207 and the same do revert / be consolidation (sic) to the initial Parcel No. KARINGANI/GITARENI/690 to enable proper succession cause to be filed. c) Costs of this suit and interest. d) Any other or further relief that this honourable court deems fit to grant. 2. On 21st day of June, 2016, the parties proffered a consent to be adopted as an order of this court. The consent is in the following terms: CONSENT ORDER Upon receipt (sic) consent order dated 22.2.2016 and signed by Muthoni Ndeke & Co. Advocates for defendants, the following consent order is hereby recorded as follows: 1. That by consent registration of land parcels Number Karingani/Gitareni/3205, 3206 and 3207 be cancelled and the same do revert to the initial Parcel No. Karingani/Gitareni/690 to enable proper succession cause to be filed.
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2. That each party to bear own costs of the suit. Dated at Meru this 21st day of June, 2016 ………………… Deputy Registrar 3.This consent is adopted as an order of this court. 4.This suit is marked as settled and should be removed from the register of pending suits. 5. It is so ordered. Delivered in open court at Chuka this 28th day of February, 2017 in the presence of: CA: Ndegwa Parties not present P. M. NJOROGE JUDGE
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