[2018] KEHC 7594 (KLR)
The court found that the consent dated 9th November 2017 was properly signed by all parties through their advocates and reflected a genuine settlement of the dispute. There was no evidence of fraud, collusion, or any reason to vitiate the consent. The court therefore adopted the consent as its judgment, marking the...
Source-derived case information.
- Citation
- [2018] KEHC 7594 (KLR)
- Parties
- Plaintiff: Alice Gacheri Mugambi; Plaintiff: Agnes Muthoni Mugambi; Plaintiff: Rose Kagwiria Mugambi; Defendant: Kinya Mukiri; Defendant: Makena Muthiora; Defendant: Isabella Naitore; Defendant: Mukiri M’Kiunga; Applicant: Simimon Koome M’Kiunga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 91 of 2004
- Procedural Posture
- Civil Suit / Consent Judgment
- Outcome
- suit settled by consent judgment
- Judges
- LN Mbugua
- Legal Topics
- Consent Judgment, Land Allocation, Settlement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Gacheri Mugambi
Plaintiff
Agnes Muthoni Mugambi
Plaintiff
Rose Kagwiria Mugambi
Plaintiff
Kinya Mukiri
Defendant
Makena Muthiora
Defendant
Isabella Naitore
Defendant
Mukiri M’Kiunga
Defendant
Simimon Koome M’Kiunga
Applicant
Procedural Posture
Civil Suit / Consent Judgment
Legal Issues
- 1 Whether the consent entered by the parties is valid and binding upon all parties to the suit.
- 2 Whether the suit should be marked as settled in accordance with the consent terms.
Ratio Decidendi
The court found that the consent dated 9th November 2017 was properly signed by all parties through their advocates and reflected a genuine settlement of the dispute. There was no evidence of fraud, collusion, or any reason to vitiate the consent. The court therefore adopted the consent as its judgment, marking the suit as settled in accordance with the agreed terms. Each party was ordered to bear their own costs, and the operative orders regarding land allocation were entered as per the consent.
Court Disposition
suit settled by consent judgment
Orders
- Simon Koome M’Kiunga to get 2 Acres.
- Julius Muriki M’Kiunga & Florence Kinya to get 2 Acres jointly.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CIVIL SUIT NO 91 OF 2004
ALICE GACHERI MUGAMBI ……………………………..…..1ST PLAINTIFF/RESPONDENT
AGNES MUTHONI MUGAMBI ……………………………….2ND PLAINTIFF/RESPONDENT
ROSE KAGWIRIA MUGAMBI ………….…………………….3RD PLAINTIFF/RESPONDENT
VERSUS
KINYA MUKIRI…………………………………………………1ST DEFENDANT/RESPONDENT
MAKENA MUTHIORA ……………………………………….2ND DEFENDANT/RESPONDENT
ISABELLA NAITORE ……………………..…………………..3RD DEFENDANT/RESPONDENT
MUKIRI M’KIUNGA ……………………..………..…………..4TH DEFENDANT/RESPONDENT
SIMIMON KOOME M’KIUNGA ………….…………..APPLICANT/PROPOSED DEFENDANT
CONSENT/JUDGMENT
1. On 09:11:2017, the advocates for the parties in this matter proffered the following Consent, which they asked the Court to adopt as a Judgment.
"BY CONSENT
a) This suit be and is hereby settled in the following terms.
i. Simon Koome M’Kiunga to get 2 Acres.
ii. Julius Muriki M’Kiunga & Florence Kinya to get 2 Acres jointly.
iii. Agnes Makena & Bernard Muthiora to get 2 Acres jointly
iv. Simon Koome M’Kiunga to get 2 Acres for the estate of Isabella Naitore.
v. The Balance to remain in the names of Alice Gacheri Mugambi.
2. I find that the Consent is properly signed and is binding upon the Counsels.
3. Having perused the Consent dated 9: 11:2017 Judgment is hereby entered in terms of the said consent. The suit is hereby marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU 23rd DAY OF JANUARY 2018, IN THE PRESENCE OF:-
C.A: Janet/Galgalo
Mwanzia for Plaintiff present
Mrs. Kaume H/B for Mwenda Mwarania present
HON. L.N. MBUGUA
JUDGE