[2019] KEELC 2643 (KLR)
The court found that the consent filed by the parties was in line with its earlier judgment and that there was no legal impediment to adopting it as an order of the court. The consent specifically provided for the removal of all inhibitions, cautions, or encumbrances over the suit properties, LR. NTIMA/IGOKI/3712...
Source-derived case information.
- Citation
- [2019] KEELC 2643 (KLR)
- Parties
- Plaintiff: Festus Kiraimuga; Plaintiff: Samson Kagiri; Plaintiff: Geoffrey Kaburu; Plaintiff: David Kaaria; Plaintiff: Nazarina Nkrote; Plaintiff: Maritha Kathanga Mugaa; Defendant: Joseph Kimathi Isaac
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 232 of 2017
- Procedural Posture
- Land Case / Ruling on Consent
- Outcome
- Consent adopted as order of the court; inhibitions, cautions, or encumbrances over LR. NTIMA/IGOKI/3712 and 3713 to be removed; each party to bear own costs.
- Legal Topics
- Removal of Inhibitions, Land Registry Orders, Consent Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Festus Kiraimuga
Plaintiff
Samson Kagiri
Plaintiff
Geoffrey Kaburu
Plaintiff
David Kaaria
Plaintiff
Nazarina Nkrote
Plaintiff
Maritha Kathanga Mugaa
Plaintiff
Joseph Kimathi Isaac
Defendant
Procedural Posture
Land Case / Ruling on Consent
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether inhibitions, cautions or encumbrances over LR. NTIMA/IGOKI/3712 and 3713 should be removed.
Ratio Decidendi
The court found that the consent filed by the parties was in line with its earlier judgment and that there was no legal impediment to adopting it as an order of the court. The consent specifically provided for the removal of all inhibitions, cautions, or encumbrances over the suit properties, LR. NTIMA/IGOKI/3712 and 3713, and for the order to be served upon the Land Registrar for compliance. The court therefore adopted the consent as its order, directing the Land Registrar, Meru Central, to remove any such encumbrances forthwith. Each party was ordered to bear their own costs, as agreed in the consent.
Court Disposition
Consent adopted as order of the court; inhibitions, cautions, or encumbrances over LR. NTIMA/IGOKI/3712 and 3713 to be removed; each party to bear own costs.
Orders
- All inhibitions, cautions, or any other encumbrance over LR. NTIMA/IGOKI/3712 and 3713 are hereby ordered withdrawn and/or lifted.
- Order to be served upon the Land Registrar, Meru Central, for compliance.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT CHUKA
ENVIRONMENT AND LAND CASE NO. 232 OF 2017
FESTUS KIRAIMUGA........................................................1ST PLAINTIFF
SAMSON KAGIRI...............................................................2ND PLAINTIFF
GEOFFREY KABURU........................................................3RD PLAINTIFF
DAVID KAARIA...................................................................4TH PLAINTIFF
NAZARINA NKIROTE.......................................................5TH PLAINTIFF
MARITHA KATHANGA MUGAA....................................6TH PLAINTIFF
VERSUS
JOSEPH KIMATHI ISAAC.....................................................DEFENDANT
RULING
1. On 8th July, 2019, a consent was proffered to me in chambers. It takes the following form:
CONSENT LETTER
We the advocates for the plaintiffs and the defendant hereby request this honourable court to record the following consent:-
1. That by consent all inhibitions, cautions or any other encumbrance over L.R. NTIMA/IGOKI/3712 and 3713 the subject matter herein be and is (sic) hereby ordered withdrawn and or listed.
2. That the order to be served upon the Land Registrar Meru Central for compliance.
3. That each party to bear their own costs
2. The consent was filed on 6th May, 2019, although it is undated.
3. I note that the consent is in consonance with this Court’s Judgment delivered on 21st November, 2017.
4. In the circumstances, the consent is adopted as an order of this court. Any inhibitions, cautions or other encumbrances over LR. NTIMA/IGOKI/3712 and 3713 are hereby ordered removed by the Land Registrar, Meru Central Land Registry forthwith.
5. It is so ordered.
Delivered in open Court at Chuka this 8th day of July, 2019.
in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.