Case Metadata |
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| Case Number: | Civil Suit 96 of 2008 |
|---|---|
| Parties: | Solomon Gichuru Maugo v Joseph Mwirigi M'ithiri & Kenya Commercial Bank |
| Date Delivered: | 29 Feb 2016 |
| Case Class: | Civil |
| Court: | High Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | Solomon Gichuru Maugo v Joseph Mwirigi M'ithiri & another [2016] eKLR |
| Advocates: | Kioga for Plaintiff Muthamia for 1st Defendant |
| Court Division: | Land and Environment |
| County: | Meru |
| Advocates: | Kioga for Plaintiff Muthamia for 1st Defendant |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Application Allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 96 OF 2008
SOLOMON GICHURU MAUGO.............................................................................PLAINTIFF
VERSUS
JOSEPH MWIRIGI M'ITHIRI.......................................................................1ST DEFENDANT
KENYA COMMERCIAL BANK..................................................................2ND DEFENDANT
R U L I N G
On 29th February, 2016 the 1st Plaintiff and the 1st Defendant proffered a Consent asking this Court to transfer this suit to CM's Court, Meru, for hearing and determination.
The Consent is signed by the Advocates representing the parties. The Consent is in the following terms:-
“By consent, this matter is transferred to the Lower Court at Chief Magistrate's Court at Meru”.
The Consent is properly signed by the parties' Advocates.
This Court was shown a discharge of charge which effectively would have meant a return of the apposite Certificate of Title to the Defendant. This May form a basis for Advocate Kioga , for the Plaintiff, stating that the Kenya Commercial Bank may no longer be interested in the merits of this suit.
This suit was filed in 2008, eight years ago. In view of the Consent, which I reluctantly adopt as an order of this Court in terms of Section 18, CPA, this suit is transferred to Chief Magistrate's Court Meru for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this 29th day of February, 2016.
in the presence of:-
CC: Lilian/Daniel
Kioga for Plaintiff
Muthamia for 1st Defendant
P. M. NJOROGE
JUDGE
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