[2014] KEHC 6141 (KLR)
The court allowed the application as all parties were in agreement that the suit should be withdrawn and the inhibition order on the specified land parcel vacated. The court exercised its discretion to mark the suit as settled and withdrawn with no order as to costs, as there was no opposition and the withdrawal was...
Source-derived case information.
- Citation
- [2014] KEHC 6141 (KLR)
- Parties
- Plaintiff: Jane Mwaromo Paul & 2 Others; Defendant: Francis Kamathi Rugoji & 2 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 306 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Application to Withdraw Suit and Vacate Inhibition Order
- Outcome
- Application allowed. Suit marked as withdrawn. Inhibition order vacated. No order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Inhibition Orders, Land Title, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Mwaromo Paul & 2 Others
Plaintiff
Francis Kamathi Rugoji & 2 Others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Withdraw Suit and Vacate Inhibition Order
Legal Issues
- 1 Whether the inhibition order on land parcel NTIMA NTAKIRA/2683 should be vacated.
- 2 Whether the suit should be marked as withdrawn with no order as to costs.
Ratio Decidendi
The court allowed the application as all parties were in agreement that the suit should be withdrawn and the inhibition order on the specified land parcel vacated. The court exercised its discretion to mark the suit as settled and withdrawn with no order as to costs, as there was no opposition and the withdrawal was by consent. The orders sought were procedural and unopposed, and the court found no reason to deny the application.
Court Disposition
Application allowed. Suit marked as withdrawn. Inhibition order vacated. No order as to costs.
Orders
- The order of inhibition on land parcel No. NTIMA NTAKIRA/2683 is vacated.
- The suit is marked as withdrawn with no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND NO. 306 OF 2013
JANE MWAROMO PAUL & 2 OTHERS.................................................PLAINTIFF
VERSUS
FRANCIS KAMATHI RUGOJI & 2 OHTERS.........................................DEFENDANTS
R U L I N G
This application is dated 12th February, 2014 and seeks orders:
That this application be certified as extremely urgent and service be dispensed with at the first instance.
That the honourable court be pleased to vacate/remove the order of inhibition on land parcel No. NTIMA NTAKIRA/2683.
That the honourable court be pleased to issue an order marking this suit as withdrawn with no order as to costs.
On 4. 3.2013, Mr. Mwirigi, holding brief for Mr. Otieno, the advocate for the plaintiffs prayed that the application be allowed as all parties were in agreement that it should be withdrawn.
In the circumstances, application is allowed. The matter is marked as settled.
Dated and delivered in open court this 4th day of March, 2014 in the presence of:
Cc Daniel
Mwirigi for plaintiffs
Yvonne Kanorio - 2nd defendant
Frederic Mutuma – 3rd defendant
P. M. NJOROGE
JUDGE