Case Metadata |
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Case Number: | Environment & Land Civil Appeal 4 of 2019 |
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Parties: | Stanley Nyaga M’Bei & Calvin Gitonga M’bei v M’Bei Kiraithe |
Date Delivered: | 16 Dec 2019 |
Case Class: | Civil |
Court: | Environment and Land Court at Chuka |
Case Action: | Ruling |
Judge(s): | Peter Muchoki Njoroge |
Citation: | Stanley Nyaga M’Bei & another v M’Bei Kiraithe [2019] eKLR |
Advocates: | Mark Muriithi for the Applicant |
Court Division: | Environment and Land |
County: | Tharaka Nithi |
Advocates: | Mark Muriithi for the Applicant |
History Advocates: | One party or some parties represented |
Case Outcome: | Application withdrawn |
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 ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 04 OF 2019
STANLEY NYAGA M’BEI..........................................1ST APPELLANT
CALVIN GITONGA M’BEI........................................2ND APPELLANT
VERSUS
M’BEI KIRAITHE...........................................................RESPONDENT
RULING
1. This application is dated 7th November, 2019 and seeks orders:
1. That the honourable court do review the orders made on 31.07.2019 and direct that the appeal be heard on merit.
2. That costs of this application be provided for.
2. The application is buttressed by the affidavit of M’Mbei Kiraithe, the applicant and has the following grounds:-
1. That the court delivered judgment on 31.7.2019 on the basis of a consent entered by the parties.
2. That the applicant’s understanding of the consent has been vitiated by the Respondents’ (sic) conduct.
3. That the applicant has discovered new and important matter which was previously not within his knowledge.
4. That there is sufficient reason to have the consent order reviewed.
3. On 16th December, 2019, Mr. Mark Muriithi, the applicant’s advocate intimated to court that he had instructions to withdraw the application. He also told the court that the issue of costs did not arise because the respondent had not been served.
4. In the circumstances, this application is marked withdrawn. The court having delivered its judgment on 31st July, 2019, hereby declares itself functus officio.
5. No costs are awarded.
6. It is so ordered.
Delivered in open Court at Chuka this 16th day of December, 2019 in the presence of:
CA: Ndegwa
Mark Muriithi for the Applicant
P. M. NJOROGE
JUDGE