REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ENVIRONMENT AND LAND COURT MISC. APP. 18 OF 2015 REPUBLIC ….................................................................................APPLICANT VERSUS THE HON. ATTORNEY GENERAL................................1ST RESPONDENT DISTRICT LAND ADJ & SETTLEMENT OFFICER, IGEMBE.........................................................2ND RESPONDENT ADJ OFFICER, AMUNGENTI ADJ SECTION.............3RD RESPONDENT AND JOSHUA MURUNGI KIAMBATI ANDREW KITHELA MWONGO SILAS MURUNGI KIAMBATI JOHN MWITHALI AMOS THIRINYA JAPHET MIRITI SALESIO M'IKIRIMA MARK KAUNGA MWAMBI…....................................EX-PARTE APPLICANTS RULING On 20:02:17, Mr. Murango for the Interested Party applied for the withdrawal of the Chamber Summons. Mr. Murango Mwenda did not object save to pray for costs. A perusal of the Court's record indicate that the Chamber Summons was filed on 10:08:15. The prayers sought are in the realm of Judicial Review. The application was served hence the Reply by the Interested Party. It has been admitted by Mr. Murango that there is another suit. No. 10/07 filed by the applicant herein, a fact confirmed by the Interested Party in the Replying Affidavit.
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It appears that applicant should not have brought this suit forth in the first place. The Chamber Summons dated 24:07:15 and filed on 10:08:15 is hereby withdrawn with costs to the Interested Party. DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY MARCH2017 IN THE PRESENCE OF:CA: Kananu L.N. MBUGUA JUDGE
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