[2014] KEHC 237 (KLR)
The court adopted the consent agreement presented by the parties as a binding order, recognizing that both parties freely agreed to the division and transfer of the matrimonial properties, including registration of specific parcels in the names of their children and equal sharing of certain estate properties. The...
Source-derived case information.
- Citation
- [2014] KEHC 237 (KLR)
- Parties
- Plaintiff: Beatrice Baariu; Defendant: Julius Bariu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 41 of 2009
- Procedural Posture
- Civil Case / Consent Judgment
- Outcome
- matter settled by consent; application marked as fully settled and determined upon transfer of properties
- Judges
- FM Njoroge
- Legal Topics
- Matrimonial Property Division, Joint Registration, Transfer of Land, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Baariu
Plaintiff
Julius Bariu
Defendant
Procedural Posture
Civil Case / Consent Judgment
Legal Issues
- 1 Whether the matrimonial properties should be divided between the plaintiff and defendant as per the consent agreement.
- 2 Whether the properties should be transferred to the parties and their children as specified in the consent.
- 3 Whether all pending cases and cautions relating to the matrimonial property should be marked as settled upon transfer.
Ratio Decidendi
The court adopted the consent agreement presented by the parties as a binding order, recognizing that both parties freely agreed to the division and transfer of the matrimonial properties, including registration of specific parcels in the names of their children and equal sharing of certain estate properties. The consent also provided for the settlement of all pending cases and removal of cautions or inhibitions upon successful transfer. The court found no reason to interfere with the parties' agreement and marked the matter as fully settled and determined upon completion of the transfers, awarding no costs to either party.
Court Disposition
matter settled by consent; application marked as fully settled and determined upon transfer of properties
Orders
- The defendant's half of Plot No. 9A Maua to be registered in the name of the plaintiff.
- Land reference number KIEGOI/66 to be registered jointly in the names of Dennis Kirimi Baariu and Kevin Mutuma Baariu.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 41 OF 2009 (O.S)
BEATRICE BAARIU...................................................................................PLAINTIFF
VERSUS
JULIUS BARIU.........................................................................................DEFENDANT
CONSENT JUDGEMENT
On 18. 11. 2014 the parties presented a consent dated 15. 8.2014 but filed in Court on 3. 9.2014 and prayed that it be adopted as an order of this Court. It is in the following terms:
“BY CONSENT.
The Defendant's half of Plot No. 9A Maua, be registered in the name of the Plaintiff herein.
Land reference Number KIEGOI/66 be registered jointly in the names of DENNIS KIRIMI BAARIU and KEVIN MUTUMA BAARIU, the couple's sons.
Land reference No. KIEGOI/329 (Mikumbune) be registered in the name of JUDY KINYA, the couple's daughter.
Land Reference numbers 2855, 13725, 13723, 13274 and 2660 (known as Baariu Estate, Maua) to be shared equally between the plaintiff and the defendant both land and the developments thereon.
Tea Bushes planted in land reference number Kiegoi/66 be harvested equally between the plaintiff and the defendant herein.
All pending court cases, that are for division of matrimonial properties, and removal of all cautions/inhibitions registered against the titles be marked as settled after property is shared out.
This consent to mark the matter as settled upon successful transfer of all the properties referred to herein above.
The defendant do sign transfers in favour of the plaintiff herein, sons, Denis Kirimi Baariu and Kevin Mutuma Baariu and daughter, Judy Kinya within 30 days from the date of recording this consent and in default the Deputy Registrar of the High court will sign the respective transfer.
The defendant to hand over to the plaintiff herein possession of half of his half share of Plot No. 9A immediately after recording and adoption of this consent.
This Consent is adopted as an order of this Court. This application is marked as fully settled and determined upon successful transfer of all the properties which are the subject of the consent.
I award no costs.
It is so ordered.
Delivered in Open Court at Meru this 18th day of November, 2014 in the presence of:
Cc. Daniel
Mageto for the Plaintiff
Miss Kiome for the Defendant
P. M. NJOROGE
JUDGE