[2017] KEELC 1999 (KLR)
The court adopted the consent reached between the plaintiff and the 1st, 2nd, 3rd, and 5th defendants as its judgment, finding that the parties had agreed to settle the dispute by declaring the plaintiff as the owner of L.P. No. CHUKA TOWNSHIP/197 and ordering the removal of the caution on the property. The court...
Source-derived case information.
- Citation
- [2017] KEELC 1999 (KLR)
- Parties
- Plaintiff: Beatrice Mbamba Kathuni; Defendant: Hon. Attorney General; Defendant: Chief Land Registrar; Defendant: District Land Registrar Meru South; Defendant: Municipal Council of Chuka; Defendant: District Commissioner Meru South District
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 114 of 2017
- Procedural Posture
- Land and Property Suit / Consent Judgment; Adoption of Consent as Court Order
- Outcome
- Suit settled by consent; judgment entered for plaintiff as per consent terms.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Declaration, Removal of Caution, Land Registration, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Mbamba Kathuni
Plaintiff
Hon. Attorney General
Defendant
Chief Land Registrar
Defendant
District Land Registrar Meru South
Defendant
Municipal Council of Chuka
Defendant
District Commissioner Meru South District
Defendant
Procedural Posture
Land and Property Suit / Consent Judgment; Adoption of Consent as Court Order
Legal Issues
- 1 Whether the plaintiff is entitled to a declaration of ownership over L.P. No. CHUKA TOWNSHIP/197.
- 2 Whether the caution lodged on L.P. No. CHUKA TOWNSHIP/197 should be removed.
- 3 Whether the suit should be settled by consent of the parties.
Ratio Decidendi
The court adopted the consent reached between the plaintiff and the 1st, 2nd, 3rd, and 5th defendants as its judgment, finding that the parties had agreed to settle the dispute by declaring the plaintiff as the owner of L.P. No. CHUKA TOWNSHIP/197 and ordering the removal of the caution on the property. The court was satisfied that the consent was properly executed by counsel for all relevant parties, and that the 4th defendant was defunct and not participating. The court further ordered that each party bear their own costs and marked the suit as settled, thereby bringing the litigation to an end in accordance with the parties' wishes and the applicable legal principles regarding consent...
Court Disposition
Suit settled by consent; judgment entered for plaintiff as per consent terms.
Orders
- A declaration is issued that L.P. NO. CHUKA TOWNSHIP/197 belongs to Beatrice Mbamba Kathuni.
- The District Land Registrar, Meru South is directed and ordered to remove the caution lodged in the register upon L.P. NO. CHUKA TOWNSHIP/197.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 114 OF 2017
FORMERLY MERU ELC CASE NO.124 OF 2009
BEATRICE MBAMBA KATHUNI......................................................PLAINTIFF
VERSUS
HON. ATTORNEY GENERAL................................................1ST DEFENDANT
CHIEF LAND REGISTRAR....................................................2ND DEFENDANT
DISTRICT LAND REGISTRAR MERU SOUTH...................3RD DEFENDANT
MUNICIPAL COUNCIL OF CHUKA.......................................4TH DEFENDANT
DISTRICT COMMISSIONER MERU SOUTH DISTRICT….5TH DEFENDANT
RULING
1. On 27. 7.2017, parties came to court to show cause why this suit should not be dismissed for want of prosecution.
2. Mr. D. J. Mbaya told the court that the 4th defendant was defunct. He said that the plaintiff and the 1st, 2nd, 3rd and 5th defendants had a consent which they wanted the court to adopt as its order. He further told the court that the consent would settle the suit.
3. Mr. Kiongo asked the court to adopt the consent as its order.
4. The consent is in the following terms:
CONSENT
By Consent between the plaintiff s’ counsel and the counsel for the 1st, 2nd, 3rd and 5th defendants judgment be and is hereby entered for the plaintiff in the following terms;
1. A declaration that L.P. No. CHUKA TOWNSHIP/197 belongs to BEATRICE MBAMBA KATHUNI.
2. THAT the District Land Registrar Meru South be directed and ordered to remove the caution lodged in the register upon L.P NO. CHUKA TOWNSHIP/197.
3. Each party to bear his/her own costs.
DATED AT CHUKA THIS 27TH DAY OF JULY, 2017
David John Mbaya Kiongo Justin
Adv for the plaintiff For Hon Attorney General
For 1st, 2nd & 5th defendants
5. The consent is adopted as an order of this court.
6. For avoidance of doubt, the following orders are issued:
1. A declaration is issued that L.P. NO. CHUKA TOWNSHIP/197 belongs to BEATRICE MBAMBA KATHUNI
2. The District Land Registrar, Meru South is directed and ordered to remove the caution lodged in the register upon L.P. NO. CHUKA TOWNSHIP/197.
3. Parties to bear own costs
4. This suit is marked as settled
Delivered in open court at Chuka this 27th day of July, 2017 in the presence of:
CA: Ndegwa
D.J.Mbaya for the plaintiff
Kiongo for the defendants
P.M. NJOROGE
JUDGE