[2018] KEELC 3627 (KLR)
The court adopted the consent of the parties, which provided that the plaintiffs' suit was fully settled and withdrawn with no order as to costs. The parties agreed that the 2nd defendant, Mariko Kamunde, would remain the legal owner of Land Parcel No. Muthambi/Lower-Karimba/1604. The court confirmed the identities...
Source-derived case information.
- Citation
- [2018] KEELC 3627 (KLR)
- Parties
- Plaintiff: Charles Nyaga; Plaintiff: Nicholas Mwiti; Defendant: Charles Njagi M’Kanga; Defendant: Mariko Kamunde
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 116 of 2017
- Procedural Posture
- Land and Environment Case / Consent Judgment
- Outcome
- suit withdrawn by consent; land declared to belong to 2nd defendant
- Judges
- FM Njoroge
- Legal Topics
- Trusts in Land, Ownership Disputes, Land Registration, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Nyaga
Plaintiff
Nicholas Mwiti
Plaintiff
Charles Njagi M’Kanga
Defendant
Mariko Kamunde
Defendant
Procedural Posture
Land and Environment Case / Consent Judgment
Legal Issues
- 1 Whether the 1st defendant holds L.R. No. Muthambi/Lower-Karimba/1604 in trust for the plaintiffs.
- 2 Whether the plaintiffs are entitled to a declaration of ownership of L.R. No. Muthambi/Lower-Karimba/1604.
- 3 Whether the register should be rectified to remove the 1st defendant's name.
Ratio Decidendi
The court adopted the consent of the parties, which provided that the plaintiffs' suit was fully settled and withdrawn with no order as to costs. The parties agreed that the 2nd defendant, Mariko Kamunde, would remain the legal owner of Land Parcel No. Muthambi/Lower-Karimba/1604. The court confirmed the identities of all parties and noted that both sides had elected to act in person. The consent was recorded as an order of the court, and the suit was marked as withdrawn. The court further clarified, for avoidance of doubt, that the land rightly and legally belongs to the 2nd defendant. The outcome was thus determined by the parties' mutual agreement, which the court found proper to adopt...
Court Disposition
suit withdrawn by consent; land declared to belong to 2nd defendant
Orders
- This suit is marked as withdrawn with no order as to costs.
- It is declared that land Parcel No. Muthambi/Lower-Karimba/1604 rightly and legally belongs to Mariko Kamunde, the 2nd defendant.
Full Case Text
Judgment text and source record
55 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 116 OF 2017
FORMERLY MERU HCC NO. 83 OF 2009
CHARLES NYAGA & ANO........................PLAINTIFFS
VERSUS
CHARLES NJAGI & ANO...................DEFENDANTS
CONSENT JUDGMENT
1. In their plaint dated 1st July, 2009, the plaintiffs pray for judgment against the defendants jointly and severally for:
a) A declaration that the 1st defendant is holding L.R. No. Muthambi/Lower-Karimba/1604 in trust for the plaintiffs.
b) A declaration that L.R. No. Muthambi/Lower-Karimba/1604 is the property of the plaintiffs.
c) An order of cancellation of the 1st defendant’s name from the Register of L.R. No. Muthambi/Lower-Karimba/1604.
d) An order of injunction restraining the defendants from disposing of, transferring or in any way interfering with the plaintiffs’ occupation and use of L.R. No. Muthambi/Lower-Karimba/1604.
e) Costs and interest
f) Any further or better relief this honourable court may deem fit to grant.
2. On 30th April, 2018 the parties proffered a consent in the following terms.
THE DEPUTY REGISTRAR,
CHUKA LAW COURTS,
P. O. BOX 73-6040,
CHUKA
Dear Sir/Madam,
RE: CHUKA ELC NO. 116/2017
CHARLES NYAGA & NICHOLAS MWITI
VERSUS
CHARLES NJAGI M’KANGA & MARIKO KAMUNDE
Kindly record the following consent order,
THAT;
“By consent of all the parties herein the plaintiffs’ suit against the defendants be and is hereby marked as fully settled with no orders as to costs”.
DATED AT CHUKA THIS 3RD DAY OF APRIL, 2018
We so consent.
Charles Nyaga
1st plaintiff
Nicholas Mwiti
2nd plaintiff
Charles Njagi M’Kanga
1st defendant
Mariko Kamunde
2nd defendant
3. Through his identity card No. [particulars withheld], the court confirmed the identity of the 1st plaintiff, Charles Nyaga. The 2nd plaintiff, Nicholas Mwiti’s identity was confirmed through his identity card No. [particulars withheld].
4. The 1st defendant, Charles Njagi M’Kanga was identified through his identity card No. [particulars withheld]. The 2nd defendant Mariko Kamunde was identified through his identity Card NO. [particulars withheld].
5. The court notes that the 1st and 2nd plaintiffs on 3rd April, 2018 filed a notice of intention to act in person in place of the firm of Maitai Rimita & Co. Advocates. It also notes that the 1st and 2nd defendants on 3rd April, 1018 filed a notice of intention to act in person in place of the firm of P. M. Mutani & Co. Advocates.
6. The plaintiffs asked the court that the suit be marked as withdrawn and settled with the effect that the 2nd defendant, MARIKO KAMUNDE, would remain legal owner of Land Parcel No. MUTHAMBI/LOWER-KARIMBA/1604.
7. The defendants agreed with the plaintiffs request.
8. The parties’ consent dated 3rd April, 2018 and filed in court the same day is hereby adopted as an order of the court. As a consequence, it is ordered as follows:
a) This suit is marked as withdrawn with no order as to costs.
b) For avoidance of doubt, it s declared that land Parcel No. MUTHAMBI/LOWER-KARIMBA/1604 rightly and legally belongs to MARIKO KAMUNDE, the 2nd defendant.
Delivered in open court at Chuka this 30th day of April, 2018 in the presence of:
CA: Ndegwa
Charles Nyaga – 1st plaintiff
Nicholas Mwiti – 2nd plaintiff
Charles Njagi – 1st defendant
Mariko Kamunde – 2nd defendant
P.M. NJOROGE
JUDGE