[2017] KEELC 208 (KLR)
The court found that both parties, having freely entered into a consent agreement regarding the division of the suit properties and having confirmed their understanding and acceptance of the terms, satisfied the requirements for a consent judgment. The court therefore adopted the consent as its judgment, marking the...
Source-derived case information.
- Citation
- [2017] KEELC 208 (KLR)
- Parties
- Plaintiff: Bernard Mugambi M’Mpwi; Defendant: Impwi Ikiuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 218 of 2016
- Procedural Posture
- Land and Property / Consent Judgment
- Outcome
- Suit settled by consent judgment.
- Legal Topics
- Consent Judgment, Land Partition, Settlement of Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Mugambi M’Mpwi
Plaintiff
Impwi Ikiuru
Defendant
Procedural Posture
Land and Property / Consent Judgment
Legal Issues
- 1 Whether the consent reached by the parties should be adopted as the judgment of the court.
- 2 How the suit land parcels should be apportioned between the plaintiff and defendant.
Ratio Decidendi
The court found that both parties, having freely entered into a consent agreement regarding the division of the suit properties and having confirmed their understanding and acceptance of the terms, satisfied the requirements for a consent judgment. The court therefore adopted the consent as its judgment, marking the suit as settled and ordering each party to bear their own costs.
Court Disposition
Suit settled by consent judgment.
Orders
- Consent judgment is entered in terms of the consent filed in court on 26.01.17.
- The suit is marked as settled.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 218 OF 2016
BERNARD MUGAMBI M’MPWI....................PLAINTIFF
VERSUS
IMPWI IKIURU...............................................DEFENDANT
CONSENT/JUDGMENT
1. On 01. 12. 16, the Plaintiff Advocate and the Plaintiff in person in this matter proffered the following Consent, which they asked the Court to adopt as it’s Judgment
“BY CONSENT
1) NJIA/BURIERURI/2529-0. 10 ACRES
i. Bernard Mugambi Impwi………..0. 05Acres
ii. Impwi Ikiuru………………………0. 05 Acres
2) NJIA/CIAMWENDWA/253-4. 2 ACRES
i. Bernard Mugambi M’Impwi………0. 52 Acres
ii. Impwi Ikiuru……………………… Balance
3) NJIA/KIEGOI/396
i. Bernard Mugambi M’Impwi …….0. 88 Acres
ii. Impwi Ikiuru………………………Balance
2. Having explained to the defendant in the Kimeru language the contents of the Consent dated 01. 12. 16 and filed on 26. 01. 17 , and defendant having confirmed that he is in agreement with the same, the Court gives the following orders:-
i. That Consent Judgment is hereby entered in terms of the consent filed in Court on 26. 01. 17.
ii. The suit is marked as settled.
iii. Parties shall bear their own costs.
3. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 20th DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Kimathi for Plaintiff
Plaintiff in person
HON. L. N. MBUGUA
ELC JUDGE