[2017] KEELC 2132 (KLR)
The court found that the consent signed by the parties' advocates was properly executed and binding. The court adopted the consent as its judgment, thereby ordering the defendants to refund the plaintiff the agreed sum, lifting the inhibition on the subject land, and marking the matter as settled with each party...
Source-derived case information.
- Citation
- [2017] KEELC 2132 (KLR)
- Parties
- Plaintiff: Florence Gakii; Defendant: Alex Mutembei Kirima; Defendant: Lucy Kigetu Kirima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 148 of 2013
- Procedural Posture
- Miscellaneous Application / Consent Judgment
- Outcome
- Consent judgment adopted; matter settled.
- Legal Topics
- Land Sale Agreements, Refund of Purchase Price, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Gakii
Plaintiff
Alex Mutembei Kirima
Defendant
Lucy Kigetu Kirima
Defendant
Procedural Posture
Miscellaneous Application / Consent Judgment
Legal Issues
- 1 Whether the consent entered by the parties for refund of purchase price and lifting of inhibition should be adopted as judgment.
- 2 Whether the orders of inhibition on the subject land should be lifted.
Ratio Decidendi
The court found that the consent signed by the parties' advocates was properly executed and binding. The court adopted the consent as its judgment, thereby ordering the defendants to refund the plaintiff the agreed sum, lifting the inhibition on the subject land, and marking the matter as settled with each party bearing its own costs. The court emphasized that a consent judgment, once adopted, has the same effect as a judgment delivered after a contested hearing, provided it is entered into freely and without fraud or collusion.
Court Disposition
Consent judgment adopted; matter settled.
Orders
- Defendants to refund the plaintiff Kshs. 1,500,000 all inclusive for the purchase of LR. NO. NTIMA/NTAKIRA/4375 and other costs.
- Orders of inhibition placed on LR. NO. NTIMA/NTAKIRA/4375 are lifted, vacated and/or set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISC APPLICATION NO. 148 OF 2013
FLORENCE GAKII ........................................................................PLAINTIFF
VERSUS
ALEX MUTEMBEI KIRIMA ...................................................1ST DEFENDANT
LUCY KIGETU KIRIMA..........................................................2ND DEFENDANT
CONSENT/JUDGMENT
1. On 10/07/2017, the advocates representing the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
CONSENT
1. By Consent the defendants refunds the plaintiff's consideration for the purchase of land parcel LR. NO. NTIMA/NTAKIRA/4375 and other costs of Kshs. 1, 500,000/= (One Million Five Hundred Thousand Shillings Only) all inclusive.
2. THAT orders of inhibition placed on the subject land parcels LR. NO. NTIMA/NTAKIRA/4375 be lifted, vacated and/or set aside.
3. THAT this matter be deemed as settled and/or withdrawn with each party bearing its own costs.
2. I find that the Consent is properly signed and is binding upon the parties.
3. Having read the Consent of 10:07:17 to the parties present who are in agreement with its contents, then the Consent of 10:07:17 is hereby adopted as a Judgment of the Court.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
C.A: Janet
Kithinji for the Plaintiff
D. Rimita h/b for E:G. Mwangi for Defendant Present
Plaintiff present
HON. L. N. MBUGUA
ELC JUDGE