[2021] KEELC 3030 (KLR)
The court found that the consent presented by the parties, having been properly executed by their respective advocates, met the requirements for adoption as a binding order of the court. The consent addressed all outstanding issues regarding the implementation of the decree on Land Parcel Karingani/Ndagani/4758,...
Source-derived case information.
- Citation
- [2021] KEELC 3030 (KLR)
- Parties
- Plaintiff: Agnes Muthoni Nyaga; Plaintiff: Evriter Karimi Nkari; Plaintiff: Hellen Nkatha Nkari; Plaintiff: Christine Kanjiru Nkari; Defendant: Alice C. Alexander; Defendant: Albert Mugendi Nkari; Defendant: Frankline Kirimi Nkari; Defendant: Peter Murimi; Defendant: Joline Muthoni Gachunki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 62 of 2017
- Procedural Posture
- Land and Environment Case / Consent Order Adoption
- Outcome
- Consent adopted as order of the court; applications withdrawn; parties to bear own costs as per consent.
- Legal Topics
- Land Resurvey, Consent Orders, Implementation of Decree, Title Deeds, Costs of Survey, Withdrawal of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Muthoni Nyaga
Plaintiff
Evriter Karimi Nkari
Plaintiff
Hellen Nkatha Nkari
Plaintiff
Christine Kanjiru Nkari
Plaintiff
Alice C. Alexander
Defendant
Albert Mugendi Nkari
Defendant
Frankline Kirimi Nkari
Defendant
Peter Murimi
Defendant
Joline Muthoni Gachunki
Defendant
Procedural Posture
Land and Environment Case / Consent Order Adoption
Legal Issues
- 1 Whether the consent presented by the parties should be adopted as an order of the court.
- 2 Whether the terms of the consent adequately address the implementation of the court's decree regarding Land Parcel Karingani/Ndagani/4758.
Ratio Decidendi
The court found that the consent presented by the parties, having been properly executed by their respective advocates, met the requirements for adoption as a binding order of the court. The consent addressed all outstanding issues regarding the implementation of the decree on Land Parcel Karingani/Ndagani/4758, including the conduct of a resurvey, cost-sharing arrangements, maintenance of the status quo for certain parties, and the withdrawal of pending applications. The court therefore adopted the consent as its order, thereby resolving the procedural and substantive matters in dispute between the parties.
Court Disposition
Consent adopted as order of the court; applications withdrawn; parties to bear own costs as per consent.
Orders
- A res-survey shall be conducted on Land Parcel Karingani/Ndagani/4758 for the purposes of implementing the decree dated 31st July, 2018.
- The county surveyor is ordered to re-survey the said land parcel, with costs to be met by all parties.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ENVIRONMENT AND LAND CASE NO. 62 OF 2017
FORMERLY MERU ENVIRONMENT AND LAND CASE NO. 104 OF 2015
AGNES MUTHONI NYAGA.......................1ST PLAINTIFF
EVRITER KARIMI NKARI.........................2ND PLAINTIFF
HELLEN NKATHA NKARI.........................3RD PLAINTIFF
CHRISTINE KANJIRU NKARI..................4TH PLAINTIFF
VERSUS
ALICE C. ALEXANDER...........................1ST DEFENDANT
ALBERT MUGENDI NKARI....................2ND DEFENDANT
FRANKLINE KIRIMI NKARI..................3RD DEFENDANT
PETER MURIMI.......................................4TH DEFENDANT
JOLINE MUTHONI GACHUNKI...........5TH DEFENDANT
RULING
1. On 7th June, 2021, the parties in this suit presented a consent which they asked the court to adopt as its order. The consent is in the following terms:
“By consent of both counsels for the Plaintiffs/Applicants & the Defendants/Respondents the parties do hereby consent:-’’
a.That a res-survey be conducted on Land Parcel Karingani/Ndagani/4758 for the purposes of implementing the decree of this Honourable court dated the 31st July, 2018.
b. That the court do order the county surveyor to re-survey the said land parcel but the costs be met by all the parties.
c. That the 4th & 5th Defendants/Respondents do remain in their respective ¼ parcels of land which is occupied by both parties that is despite the re-survey process.
d. That each party shall bear the costs of stamp duty for the purposes of acquiring their respective title deeds.
e. The two Applications be marked as withdrawn with no orders as to costs.
Dated the 7th day of June, 2021.
Kiogora Arithi & Associates.
Advocates for the Plaintiff.
Kijaru, Njeru & Co. Advocates,
Advocates for the Defendants.
2. The consent was properly signed by the advocates who represented the parties.
3. The consent is adopted as an order of this court.
4. It is so ordered.
DELIVERED IN OPEN COURT AT CHUKA THIS 7TH DAY OF JUNE, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Kiogora Arithi for the Plaintiffs
M/s Kijaru for the defendants
P. M. NJOROGE,
JUDGE.