[2018] KEELC 3530 (KLR)
The court found that the consent judgment entered in Chuka ELC 116 of 2017, which declared Mariko Kamunde the rightful owner of Land Parcel No. Muthambi/Lower Karimba/1604 and marked the suit as withdrawn and settled, fully compromised the present suit (Chuka ELC 226 of 2017). As a result, the current suit was...
Source-derived case information.
- Citation
- [2018] KEELC 3530 (KLR)
- Parties
- Plaintiff: David Kamundi Muranga; Defendant: Charles Njagi Kanga; Applicant: Charles Nyaga; Applicant: Nicholas Mwiti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 226 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Compromise and Withdrawal
- Outcome
- Suit compromised and withdrawn; pending applications dismissed as abandoned; no order as to costs in present suit.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Disputes, Consent Judgment, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kamundi Muranga
Plaintiff
Charles Njagi Kanga
Defendant
Charles Nyaga
Applicant
Nicholas Mwiti
Applicant
Procedural Posture
Land and Property Suit / Ruling on Compromise and Withdrawal
Legal Issues
- 1 Whether the consent judgment in Chuka ELC 116 of 2017 fully compromised and settled the present suit.
- 2 Whether the orders previously issued by the court should be set aside or deemed abandoned.
- 3 Entitlement to costs following withdrawal and compromise of the suit.
Ratio Decidendi
The court found that the consent judgment entered in Chuka ELC 116 of 2017, which declared Mariko Kamunde the rightful owner of Land Parcel No. Muthambi/Lower Karimba/1604 and marked the suit as withdrawn and settled, fully compromised the present suit (Chuka ELC 226 of 2017). As a result, the current suit was deemed heard and determined, and all pending applications, including the one seeking to set aside previous orders, were dismissed as abandoned. The court further held that the firm of Rimita & Co. Advocates was at liberty to pursue its costs from the plaintiffs in the earlier suit, who are also interested parties in the present suit. The orders were made with no order as to costs in...
Court Disposition
Suit compromised and withdrawn; pending applications dismissed as abandoned; no order as to costs in present suit.
Orders
- The suit is marked as withdrawn with no order as to costs.
- Land Parcel No. Muthambi/Lower Karimba/1604 is declared to rightly and legally belong to Mariko Kamunde.
Full Case Text
Judgment text and source record
72 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT CHUKA
CHUKA ELC CASE NO 226 OF 2017
DAVID KAMUNDI MURANGA..................PLAINTIFF
VERSUS
CHARLES NJAGI KANGA.......................DEFENDANT
RULING
1. In this suit, the plaintiff is David Kamundi Muranga. The defendant is Charles Njagi Kanga. Charles Nyaga is 1st Interested Party and Nicholas Mwiti is 2nd Interested Party.
2. In Chuka ELC 116 of 2017, Charles Nyaga is the 1st plaintiff. Nicholas Mwiti is the 2nd plaintiff. Charles Njagi M’Mkanda is the 1st defendant. Mariko Kamune is the 2nd defendant.
3. By a Consent judgment delivered in ELC 116 OF 2017, on 30th April, 2018, the suit was marked as withdrawn and settled and MARIKO KAMUNDE was declared the rightful owner of Land Parcel No. Muthambi/Lower Karimba/1604. The full judgment is reproduced herebelow:
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. 20687269, 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. 25620352.
4. The 1st defendant, Charles Njagi M’Kanga was identified through his identity card No. 4451201. The 2nd defendant Mariko Kamunde was identified through his identity Card NO. 4863987.
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
4. I find that the apposite judgment has compromised this suit in its entirety. It is declared that the suit be deemed as having been heard and determined. The application dated 6th November, 2017 filed by the Interested Parties praying that orders issued by this court in its judgment delivered on 17th October, 2017 be set aside is deemed as compromised and abandoned. It is hereby dismissed.
5. Regarding the costs prayed for by Miss Munga who represents the firm of Rimita and co advocates, it is opined that the firm of Rimita & Co. advocates is at liberty to pursue its costs from the plaintiffs in Chuka ELC 116 of 2017 who are also interested parties in Chuka ELC 226 of 2017.
6. It is so ordered.
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 Nyaga M’Kanga – 1st defendant
Mariko Kamunde – 2nd defendant
P.M. NJOROGE
JUDGE