[2017] KEELC 3067 (KLR)
The court found that the suit referenced the wrong parcel of land (MUTHAMBI/GATUA sheet one) and that there was no dispute regarding this parcel. The parties agreed by consent that the plaintiff should file a fresh suit concerning the correct parcel (sheet seven) to enable the land officers to assist. The court...
Source-derived case information.
- Citation
- [2017] KEELC 3067 (KLR)
- Parties
- Plaintiff: Elias Zakayo Nthwiga; Defendant: Director of Land Adjudication and Settlement; Defendant: Land Registrar – Chuka; Defendant: Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 118 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal by Consent
- Outcome
- suit withdrawn by consent
- Legal Topics
- Land Adjudication, Rectification of Title, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Zakayo Nthwiga
Plaintiff
Director of Land Adjudication and Settlement
Defendant
Land Registrar – Chuka
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal by Consent
Legal Issues
- 1 Whether the plaintiff is entitled to rectification of land records or compensation for the disputed parcel.
- 2 Whether the suit should be withdrawn by consent due to error in the parcel referenced.
Ratio Decidendi
The court found that the suit referenced the wrong parcel of land (MUTHAMBI/GATUA sheet one) and that there was no dispute regarding this parcel. The parties agreed by consent that the plaintiff should file a fresh suit concerning the correct parcel (sheet seven) to enable the land officers to assist. The court adopted the consent as its order, marked the suit as withdrawn, and made no order as to costs. The withdrawal was appropriate as the claim before the court did not pertain to the disputed parcel, and the parties' agreement resolved all issues in the current proceedings.
Court Disposition
suit withdrawn by consent
Orders
- The consent dated 23.3.2017 is adopted as an order of the court.
- The suit is marked as withdrawn.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 118 OF 2017
FORMERLY MERU ELC CASE NO.94 OF 2015
ELIAS ZAKAYO NTHWIGA…………………………......PLAINTIFF
VERSUS
DIRECTOR OF LAND
ADJUDICATION AND SETTLEMENT…….…..1ST DEFENDANT
LAND REGISTRAR – CHUKA……………...…2ND DEFENDANT
HON. ATTORNEY GENERAL……………...….3RD DEFENDANT
RULING
1. In his plaint dated 1st October, 2015, the plaintiff prays for judgment against the defendants jointly and separately as follows:
(i) An order of compensation of 5. 9 Acres to the plaintiff and /or rectification of records to reflect the correct readings on ground and on paper by this defendant.
(ii) Cost of suit.
(iii) Any other relief that this Honourable Court might deem fit to grant.
2. On 23. 3.3017, the parties proferred a consent in the following terms:
“The plaintiff has explained and we all agree that the claim that he had filed in court is for parcel MUTHAMBI/GATUA 572 0. 34 Ha in sheet one. This is the parcel that he wanted resurveyed and the acrage to reflect on his title.
The plaintiff wants the land officers to correct his title to reflect parcels of land in MUTHAMBI/GATUA sheet seven. The officers were unable to go to resurvey the parcels in sheet seven which the plaintiff had not sought assistance on.
There is an error on the papers that the plaintiff filed for MUTHAMBI/GATUA sheet one. He need (sic) to request for assistance on MUTHAMBI/GATUA sheet seven and not on MUTHAMBI/GATUA sheet one which is before the court. There is no dispute on the parcel MUTHAMBI/GATUA sheet one.
The parties herein have agreed that the plaintiff should file afresh suit on MUTHAMBI/GATUA sheet seven for the land officers to be able to assist him.”
3. The consent is dated 23. 3.2017
4. This consent is adopted as an order of this court with no orders as to costs.
5. This suit is marked as withdrawn.
6. It is so ordered.
Delivered in open court at Chuka this 23rd day of March, 2017.
in the presence of:
CA: Ndegwa
Elias Zakayo Ntwiga for the plaintiff
Kiongo for the defendants
P. M. NJOROGE,
JUDGE