[2017] KEELC 2069 (KLR)
The court found that the consent entered into by the parties, through their advocates, was properly executed and binding. The consent resolved all issues in dispute by providing for a refund of the purchase price and costs to the plaintiff, lifting of inhibition orders on the subject land, and withdrawal of the suit...
Source-derived case information.
- Citation
- [2017] KEELC 2069 (KLR)
- Parties
- Plaintiff: Florence Gakii; Defendant: Alex Mutembei Kirima; Defendant: Lucy Kighetu Kirima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 148 of 2013
- Procedural Posture
- Land and Property Suit / Consent Judgment
- Outcome
- Suit settled by consent; judgment entered in terms of consent.
- Legal Topics
- Sale of Land, Rescission of Contract, Refund of Purchase Price
- 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 Kighetu Kirima
Defendant
Procedural Posture
Land and Property Suit / Consent Judgment
Legal Issues
- 1 Whether the parties have reached a binding consent to settle the dispute regarding LR. NO. NTIMA/NTAKIRA/4375.
- 2 Whether the plaintiff is entitled to a refund of the purchase consideration and lifting of inhibition orders.
Ratio Decidendi
The court found that the consent entered into by the parties, through their advocates, was properly executed and binding. The consent resolved all issues in dispute by providing for a refund of the purchase price and costs to the plaintiff, lifting of inhibition orders on the subject land, and withdrawal of the suit with each party bearing its own costs. The court adopted the consent as its judgment, thereby settling the matter in accordance with the terms agreed by the parties.
Court Disposition
Suit settled by consent; judgment entered in terms of consent.
Orders
- Defendants to refund the plaintiff Kshs. 1,500,000 as consideration for the purchase of LR. NO. NTIMA/NTAKIRA/4375 and other costs, all inclusive.
- Orders of inhibition placed on LR. NO. NTIMA/NTAKIRA/4375 to be lifted, vacated, and/or set aside.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE 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. The consent is adopted as judgment of this Court.
4. 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.
5. Parties shall bear their own costs.
6. 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