[2016] KEHC 684 (KLR)
The court adopted the consent entered into by the parties, which provided for the withdrawal of the suit with each party bearing its own costs and the lifting of any orders of injunction, inhibition, cautions, or restrictions against the suit properties. The consent resolved all issues in dispute, and the court...
Source-derived case information.
- Citation
- [2016] KEHC 684 (KLR)
- Parties
- Plaintiff: Daniel Riungu Mathiu; Plaintiff: Gerald Murira M' Mbwiria; Plaintiff: Andrew Mungatia Anjuri; Plaintiff: Silas Kamathi Ayub; Defendant: Municipal Council of Meru; Defendant: John Kabiti Mukango; Defendant: Eutychus Muthui; Defendant: Emily Karambu Muthui; Defendant: Musa M'Kirera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 54 of 2008
- Procedural Posture
- Civil Suit / Final Judgment by Consent
- Outcome
- suit withdrawn by consent; orders of injunction, inhibition, cautions, or restrictions lifted; each party to bear own costs
- Judges
- FM Njoroge
- Legal Topics
- Land Title Disputes, Injunctions, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Riungu Mathiu
Plaintiff
Gerald Murira M' Mbwiria
Plaintiff
Andrew Mungatia Anjuri
Plaintiff
Silas Kamathi Ayub
Plaintiff
Municipal Council of Meru
Defendant
John Kabiti Mukango
Defendant
Eutychus Muthui
Defendant
Emily Karambu Muthui
Defendant
Musa M'Kirera
Defendant
Procedural Posture
Civil Suit / Final Judgment by Consent
Legal Issues
- 1 Whether Land Title Nos. Meru Municipality Block 11/651, 652 and 653 are subject to replanning.
- 2 Whether the plaintiffs are entitled to a permanent injunction restraining the defendants from interfering with the suit properties.
- 3 Whether the suit should be marked as withdrawn by consent of the parties.
Ratio Decidendi
The court adopted the consent entered into by the parties, which provided for the withdrawal of the suit with each party bearing its own costs and the lifting of any orders of injunction, inhibition, cautions, or restrictions against the suit properties. The consent resolved all issues in dispute, and the court marked the suit as settled and concluded in all respects. The court's decision was based on the principle that a valid consent between parties, duly executed and presented by their advocates, is binding and disposes of the matter without the need for further adjudication.
Court Disposition
suit withdrawn by consent; orders of injunction, inhibition, cautions, or restrictions lifted; each party to bear own costs
Orders
- This suit is marked as withdrawn with each party bearing own costs.
- Any orders of injunction, inhibition, cautions or restrictions registered against plot numbers Meru Municipality Block 11/651, 652 and 653 are hereby lifted.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO 54 OF 2008
DANIEL RIUNGU MATHIU
GERALD MURIRA M' MBWIRIA
ANDREW MUNGATIA ANJURI
SILAS KAMATHI AYUB...........................................................PLAINTIFF/APPLICANTS
VERSUS
MUNICIPAL COUNCIL OF MERU
JOHN KABITI MUKANGO
EUTYCHUS MUTHUI
EMILY KARAMBU MUTHUI
MUSA M'KIRERA............................................................DEFENDANTS/RESPONDENTS
J U D G M E N T
1. The provenance of this suit was MERU CMCC NO. 962 of 2003. This suit was withdrawn from the Meru Chief Magistrate's Court and transferred to the Meru High Court vide a decision made by the Hon. Isaac Lenaola, Judge, as he then was on 13th August, 2007. This decision was made in Meru High Court Civil Application No. 83 of 2007.
2. In their plaint dated 24th November, 2003, the Plaintiffs prayed for judgment against the defendants jointly and severally for:-
(a) A declaration that Land Title Nos. Meru Municipality Block 11/651, 652 and 653 are not subject to replanning.
(b) A permanent injunction to restrain the Defendants, their respective servants or agents from entering, working on or in any other way from interfering with any of the said Land Titles or the Plaintiffs' right to enjoy and use the same.
(c) Costs of this suit.
(d) Any other further or alternative relief as may be just.
3. On 21/11/2016, the parties, through their advocates, proffered a consent dated 1st August 2016 and filed in court on 18th November, 2016 which they asked the Court to adopt as its order.
4. The Consent is in the following terms: -
“By consent of the parties and their respective advocates;
1. This suit be and is hereby marked as withdrawn with each party bearing own costs.
2. Any orders of injunction, inhibition, cautions or restrictions registered against plot numbers Meru Municipality Block 11/651, 652 and 653 be and are hereby lifted”.
5. This consent is adopted as an order of this Court.
6. This suit is marked settled and concluded in all respects.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-
C.A Daniel/James
Manases Kariuki present for Plaintiffs
P. M. NJOROGE
JUDGE