[2013] KEHC 2197 (KLR)
The court found that the parties had reached binding consents, which were adopted as orders of the court, settling the dispute regarding the trust and subdivision of the land. The consents specified the allocation of land to the plaintiffs and other beneficiaries, the process for amalgamation and subdivision, and...
Source-derived case information.
- Citation
- [2013] KEHC 2197 (KLR)
- Parties
- Plaintiff: Daniel Muthuri; Plaintiff: Benson Kinoti; Defendant: M'Ikiara Karigi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 77 of 2004
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- suit settled by consent; judgment entered in terms of the adopted consents
- Judges
- FM Njoroge
- Legal Topics
- Trust of Land, Subdivision of Land, Transfer of Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muthuri
Plaintiff
Benson Kinoti
Plaintiff
M'Ikiara Karigi
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant holds land parcels ABOTHUGUCHI/KITHIRUNE/2582, 2583, and 2584 in trust for the plaintiffs to the extent of 7 acres for the 1st plaintiff and 2 acres for the 2nd plaintiff.
- 2 Whether the plaintiffs are entitled to orders compelling the defendant to subdivide and transfer the specified portions of land to them.
- 3 Whether the parties are entitled to costs and other reliefs.
Ratio Decidendi
The court found that the parties had reached binding consents, which were adopted as orders of the court, settling the dispute regarding the trust and subdivision of the land. The consents specified the allocation of land to the plaintiffs and other beneficiaries, the process for amalgamation and subdivision, and the lifting of cautions and restrictions. The court confirmed these consents as its judgment, holding that the parties are bound by their agreement and that the orders should be executed as per the terms agreed. Each party was directed to bear its own costs, and the suit was marked as settled.
Court Disposition
suit settled by consent; judgment entered in terms of the adopted consents
Orders
- The defendant to give 4 acres to Daniel Muthuri, the 1st plaintiff, to be surveyed from where he is settled.
- The defendant to give 4 acres to Johnson Mwenda, his son.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 77 OF 2004
DANIEL MUTHURI..........................................................................1ST PLAINITFF
BENSON KINOTI..............................................................................2ND PLAINTIFF
VERSUS
M'IKIARA KARIGI.............................................................................DEFENDANT
JUDGMENT
The plaint in this case prayed for judgment against the defendant for:
(i) A declaration that the defendant holds land parcel No.2582, 2583 and 2584 in trust for the benefit of the plaintiffs to the extent of 7 acres to the 1st plaintiff and 2 acres to the 2nd plaintiff.
(ii) An order compelling the defendant to sub- divide land parcel No.ABOTHUGUCHI/KITHURINE/2582, 2583 AND 2584 and transfer 2 distinct portions of 7 acres and 2 acres to the 1st and 2nd plaintiffs respectively.
(iii) Costs of the suit.
(vi) Interests at court rates
(v) Any other relief.
On 30. 4.2012 a consent in the following terms was adopted as an order of the Court:
“By consent the defendant to give 4 acres to Daniel Muthuri, 1st
plaintiff/Respondent. The 4 acres to be surveyed from where the 1st Plaintiff/Respondent is settled/developed(sic).
1st defendant to give further 4 acres to Johnson Mwenda, his son and also to give one (1) acre to Benson Kinoti which one(1) acre would be registered in the names of Benson Kinoti and his mother one Monica Kajuju Muchuka. The balance of the land to remain in the name of the defendant.
1st plaintiff and one Jushua Mwenda to share the surveyor's fees as well as the registration fees.
Each to bear its own costs in the application.”
On 4. 7.2013, the Court adopted a further consent in the following terms:
“It is hereby agreed as follows:
In executing the survey in accordance with said consent the District Surveyor shall try and protect the houses of the parties.
The defendant to surrender title deeds for L.R.Nos.ABOTHUGUCHI/KITHIRUNE/2582, 2583 and 2584 to the Land registrar, Imenti North District for amalgamation into one (1) parcel for purposes of sub-dividing the same as per the consent.
All the cautions, restrictions and/or inhibitions registered against land parcel Nos. ABOTHUGUCHI/KITHIRUNE/ 2582, 2583 AND 2584 be lifted forthwith.
This judgment confirms that the two consents have been adopted as orders of the Court. To facilitate the execution of the orders, the parties may be at liberty to use any other surveyor other than the District Surveyor if they so wish as long as the orders herein are properly executed.
I direct each party to bear its own costs in the suit which is hereby marked as settled.
Dated, Signed and delivered in Open Court at Meru on 4th July 2013 in the presence of:
Cc Daniel
Ringera for plaintiffs
Kiambi for defendants
P. M. NJOROGE
JUDGE