[2014] KEHC 6682 (KLR)

[2014] KEHC 6682 (KLR)

The court found that the parties, through their respective counsel and in the presence of the defendant, freely entered into a consent resolving the dispute regarding the registration of land parcel ABOTHUGUCHI/KITHIRUNE/2940. There being no evidence of fraud, collusion, or mistake, the court adopted the consent as...

Source-derived case information.

Citation
[2014] KEHC 6682 (KLR)
Parties
Plaintiff: Faith Regeria Kathara; Defendant: Nicholas Koome Kinuu
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 297 of 2013
Procedural Posture
Land and Environment Case / Judgment
Outcome
suit withdrawn and settled by consent
Judges
FM Njoroge
Legal Topics
Land Registration, Consent Orders, Title Cancellation
Source Language
en
Land and Property Land Registration Consent Orders Title Cancellation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Faith Regeria Kathara

Plaintiff

Nicholas Koome Kinuu

Defendant

Procedural Posture

Land and Environment Case / Judgment

Legal Issues

  1. 1 Whether the consent entered by the parties should be adopted as an order of the court.
  2. 2 Whether the register of ABOTHUGUCHI/KITHIRUNE/2940 should be amended to reflect the agreed party as proprietor.

Ratio Decidendi

The court found that the parties, through their respective counsel and in the presence of the defendant, freely entered into a consent resolving the dispute regarding the registration of land parcel ABOTHUGUCHI/KITHIRUNE/2940. There being no evidence of fraud, collusion, or mistake, the court adopted the consent as its order, directing the Land Registrar to cancel the defendant's name from the register and replace it with Mary Nkuene Kathara. The suit was accordingly marked as withdrawn, settled, and finalized, with each party bearing their own costs.

Court Disposition

suit withdrawn and settled by consent

Orders

  • The Land Registrar Meru is ordered to cancel the name of Nicholas Koome Kinuu from the register of ABOTHUGUCHI/KITHIRUNE/2940 and replace it with the name of Mary Nkuene Kathara.
  • Each party to bear own costs.