[2019] KEELC 17 (KLR)
The court adopted the consent of the parties as judgment, holding that the defendant is estopped from taking over the disputed plot. The county physical planner is to excise and register the plot in the name of the deceased. The matter is settled on the basis of the parties' agreement, which is binding and...
Source-derived case information.
- Citation
- [2019] KEELC 17 (KLR)
- Parties
- Plaintiff: EVA GACHERI MURAA (Suing as the Legal Representative of the Estate of Francis Muraa M’Araine); Defendant: NTARANGWI IKIARA
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 33 of 2018
- Procedural Posture
- Land and Property Suit / Consent Judgment
- Outcome
- Suit marked as settled by consent judgment.
- Legal Topics
- Estoppel, Land Registration, Declaration of Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EVA GACHERI MURAA (Suing as the Legal Representative of the Estate of Francis Muraa M’Araine)
Plaintiff
NTARANGWI IKIARA
Defendant
Procedural Posture
Land and Property Suit / Consent Judgment
Legal Issues
- 1 Whether the defendant is estopped from taking over the disputed plot measuring 18 by 80 feet situated at Ntima/Igoki/2224.
- 2 Whether the plot should be excised and registered in the name of the deceased, Francis Muraa M’Araine.
Ratio Decidendi
The court adopted the consent of the parties as judgment, holding that the defendant is estopped from taking over the disputed plot. The county physical planner is to excise and register the plot in the name of the deceased. The matter is settled on the basis of the parties' agreement, which is binding and enforceable as a judgment of the court.
Court Disposition
Suit marked as settled by consent judgment.
Orders
- A declaration is issued that the defendant is bound by the doctrine of estoppel from taking over the plot measuring 18 by 80 feet situated at Ntima/Igoki/2224.
- The county physical planner shall move on site, excise 18 by 80 feet from parcel Ntima/Igoki/2224, and register it in the name of Francis Muraa M’Araine (deceased).
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC 33 OF 2018
EVA GACHERI MURAA
(Suing as the Legal Representative
of the Estate of Francis Muraa M’Araine.....................PLAINTIFF/APPLICANT
VERSUS
NTARANGWI IKIARA..........................................DEFENDANT/RESPONDENT
CONSENT/JUDGMENT
1. On 9. 12. 19, the advocates for the parties in this matter proffered the following Consent, which they asked the Court to adopt as a Judgment. By consent,
(i) A declaration do issue that the defendant is bound by the doctrine of estoppel from taking over plot measuring 18 by 80 feet situated at Ntima/Igoki/2224.
(ii) The county physical planner do move on site and excise 18 by 80 feet form parcel Ntima/Igoki/2224 and register it in the names of FRANCIS MURAA M’ARAINE (deceased).
(iii) Each party to bear its own costs.
2. The suit is hereby marked as settled in terms of the consent filed on 9. 12. 2019.
DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY OF DECEMBER, 2019 IN THE PRESENCE OF:-
C.A: Kananu
Mr. Mutuma G. for defendant
Mr. Mwanzia for the plaintiff
Defendant
HON. L. N. MBUGUA
ELC JUDGE