[2019] KEELC 455 (KLR)
The court found that the parties, through their advocates, had freely entered into a consent settling all issues in dispute regarding compensation for L.R No. Nyaki/Mulathankari/774. The consent provided for payment of Kshs.1,000,000 as full and final compensation, removal of all cautions and restrictions on the...
Source-derived case information.
- Citation
- [2019] KEELC 455 (KLR)
- Parties
- Plaintiff: Fredrick M’Rutere; Applicant: Kenneth Kirima M’Rutere; Defendant: Barnabas Kariuki Gathekia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 61 of 2015
- Procedural Posture
- Consent Judgment / Judgment
- Outcome
- suit settled by consent; judgment entered as per consent terms
- Legal Topics
- Land Compensation, Removal of Cautions, Vacant Possession, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick M’Rutere
Plaintiff
Kenneth Kirima M’Rutere
Applicant
Barnabas Kariuki Gathekia
Defendant
Procedural Posture
Consent Judgment / Judgment
Legal Issues
- 1 Whether the parties have reached a binding settlement by consent regarding compensation for the suit land.
- 2 Whether the court should adopt the consent as a judgment of the court.
- 3 Whether the restrictions on the suit land should be removed as per the consent terms.
Ratio Decidendi
The court found that the parties, through their advocates, had freely entered into a consent settling all issues in dispute regarding compensation for L.R No. Nyaki/Mulathankari/774. The consent provided for payment of Kshs.1,000,000 as full and final compensation, removal of all cautions and restrictions on the land, and vacation of the land by the plaintiff and his associates within 30 days. The court adopted the consent as its judgment, thereby marking the suit as settled in accordance with the agreed terms. The court further ordered that each party bear its own costs, reflecting the mutual nature of the settlement.
Court Disposition
suit settled by consent; judgment entered as per consent terms
Orders
- The defendant shall pay the plaintiffs Kshs.1,000,000 as full and final compensation for L.R No. Nyaki/Mulathankari/774.
- All cautions, inhibitions, encumbrances, and/or restrictions on the suit land are removed forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC 61 OF 2015
FREDRICK M’RUTERE …………........…………………………. PLAINTIFF/DSD
KENNETH KIRIMA M’RUTERE …………….……………………… APPLICANT
VERSUS
BARNABAS KARIUKI GATHEKIA ……..……… DEFENDANT/RESPONDENT
CONSENT/JUDGMENT
1. On 23. 05. 19, the advocates for the parties in this matter proffered the following Consent, which they asked the Court to adopt as a Judgment.
(i) The defendant do pay to the plaintiffs Kshs.1,000,000/= (one Million) being full and final compensation for L.R No. Nyaki/Mulathankari/774.
(ii) The cautions, inhibitions, encumbrances and/or any restrictions on the suit land be and is hereby removed forthwith.
(iii) The plaintiff, his agents, children or relatives and or assignees on the suit land do vacate the land within 30 days of signing of this consent.
(iv) Each party to bear its own costs of this suit.
2. The suit is hereby marked as settled in terms of the consent filed on 23. 5.2019.
DELIVERED IN OPEN COURT AT MERU THIS 26TH DAY OF NOVEMBER, 2019 IN THE PRESENCE OF:-
C.A: Kananu
Muthomi for defendant
HON. L. N. MBUGUA
ELC JUDGE