[2014] KEHC 2486 (KLR)
The court found that the parties had reached a mutual settlement regarding the boundary dispute over the specified land parcels, as evidenced by the minutes of their meeting and the consent filed in court. The court adopted both the minutes and the consent as orders of the court, thereby resolving the issues raised...
Source-derived case information.
- Citation
- [2014] KEHC 2486 (KLR)
- Parties
- Applicant: Felix Kiambi Gituru; Respondent: Land Registrar Meru South District; Defendant: Benard Mugambi M'Muraa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 19 of 2013
- Procedural Posture
- Judicial Review Application / Ruling on Consent and Withdrawal
- Outcome
- suit withdrawn and settled by consent
- Judges
- FM Njoroge
- Legal Topics
- Boundary Disputes, Land Registration, Mandamus Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Kiambi Gituru
Applicant
Land Registrar Meru South District
Respondent
Benard Mugambi M'Muraa
Defendant
Procedural Posture
Judicial Review Application / Ruling on Consent and Withdrawal
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Land Registrar to re-survey the disputed land parcels and resolve the boundary dispute.
- 2 Whether the caution lodged on Land Parcel No. Abogeta/U-Kithangari/40 should be withdrawn.
- 3 Whether the suit should be marked as withdrawn and settled by consent.
Ratio Decidendi
The court found that the parties had reached a mutual settlement regarding the boundary dispute over the specified land parcels, as evidenced by the minutes of their meeting and the consent filed in court. The court adopted both the minutes and the consent as orders of the court, thereby resolving the issues raised in the application. The suit was marked as withdrawn and finally settled, with each party to bear its own costs. The court emphasized that the matter is conclusively determined and may not be revived or brought back to court.
Court Disposition
suit withdrawn and settled by consent
Orders
- The District Land Registrar Meru South to re-survey Land Parcels No. ABOGETA/U-KITHANGARI/40 and ABOGETA/U-KIUNGONE/1302 and deal with the boundary dispute to ascertain each party's boundary.
- The caution lodged on Land Parcel No. Abogeta/U-Kithangari/40 to be withdrawn.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW APPLICATION NO. 19 OF 2013
IN THE MATTER OF AN APPLICATION BY FELIX KIAMBI GITURU FOR LEAVE TO APPLY FOR THE ORDER OF MANDAMUS
AND
IN THE MATTER OF LAND PARCELS NOS. ABOGETA/U-KIUNGONE 1302 WHICH SHARES BUNDARIES WITH LAND PARCEL NO. ABOGETA/U-KITHANGARI/40
AND
IN THE MATTER OF SECTION 18 & 19 OF LAND REGISTRATION ACT 2012 LAWS OF KENYA
FELIX KIAMBI GITURU.......................................................EX-PARTE APPLICANT
VERSUS
LAND REGISTRAR MERU SOUTH DISTRICT …............................RESPONDENT
BENARD MUGAMBI M'MURAA.............................................INTERESTED PARTY
R U L I N G
In this application the Exparte Applicant sought orders:
That an order of mandamus do issue to compel or order the Land Registrar Meru South to re-survey Land Parcels No. ABOGETA/U-KITHANGARI/40 and ABOGETA/U-KIUNGONE 1302 and deal with the boundary dispute to ascertain each party's boundary and the exact portion of acreage of the above mentioned parcels of land.
That the costs of this application be provided for.
On 3. 7.2014, when the application was slated for hearing, the parties informed the Court that they had held a meeting on 23. 10. 2013 in the Chambers of Kevin Nyenyire & Co. Advocates and arrived at a settlement and wished the contents of the minutes to be adopted as orders of the Court. Their advocates also presented a consent dated 3. 7.2014 and sought a ruling adopting the contents of the same as an order of this Court.
The consent is in the following terms:
“By consent of the parties and their advocates, it is hereby mutually agreed as follows:-
(a) that the District Land Registrar Meru South to re-survey Land Parcels No.ABOGETA/U-KITHANGARI/40 and ABOGETA/U-KIUNGONE/1302 and deal with the boundary dispute to ascertain each party's boundary.
(b) That the caution lodged on Land Parcel No. Abogeta/U-Kithangari/40 be withdrawn.
(c) That the suit herein i.e. Meru Judicial Review No. 19 of 2013 be marked as withdrawn.
(d) That each party to bear its own costs.”
The contents of the minute of the meeting held on 23. 10. 2013 in the Chambers of Kevin Nyenyire & Co. Advocates are adopted as an order of this Court. The contents of the consent dated 3. 7.2014 which, more or less, restates the contents of the Minutes of the meeting held in the Chambers of Kevin Nyenyire & Co. Advocates, are also adopted as an order of this Court.
For avoidance of any doubt this suit is withdrawn and finally settled. It may not be revived or in any other way brought back to Court.
It is so ordered.
Delivered in Open Court at Meru this 3rd day of July, 2014 in the presence of:
Cc Lilian/Daniel
Nyenyire for Exparte Applicant
Kieti for Respondent
Bernard Mugambi M'Murea- Interested Party
P. M. NJOROGE
JUDGE