[2014] KEHC 2487 (KLR)
The court adopted the consent order presented by the parties' advocates, allowing the applications dated 14th June 2013 and 31st January 2014 without orders as to costs, and directed a site visit to the disputed lands with the attendance of the parties, their advocates, the District Land Registrar, and private...
Source-derived case information.
- Citation
- [2014] KEHC 2487 (KLR)
- Parties
- Plaintiff: Geoffrey Kirera Arimi; Defendant: Charles Murugu Mukindia; Defendant: Julius Kirimi Mwirigi; Defendant: Phanuel Katheri Karanja; Defendant: Patrick Murithi Marangu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2013
- Procedural Posture
- Land and Environment Case / Ruling on Consent Order Regarding Interlocutory Applications and Site Visit
- Outcome
- Consent order adopted; applications allowed; site visit ordered; costs for attendance to be shared equally.
- Judges
- FM Njoroge
- Legal Topics
- Land Dispute, Site Visit Orders, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kirera Arimi
Plaintiff
Charles Murugu Mukindia
Defendant
Julius Kirimi Mwirigi
Defendant
Phanuel Katheri Karanja
Defendant
Patrick Murithi Marangu
Defendant
Procedural Posture
Land and Environment Case / Ruling on Consent Order Regarding Interlocutory Applications and Site Visit
Legal Issues
- 1 Whether the applications dated 14th June 2013 and 31st January 2014 should be allowed as per the consent of the parties.
- 2 Whether the court should order a site visit to the disputed lands with the attendance of parties, advocates, land registrar, and surveyors.
- 3 How the costs for the site visit and attendance should be apportioned between the parties.
Ratio Decidendi
The court adopted the consent order presented by the parties' advocates, allowing the applications dated 14th June 2013 and 31st January 2014 without orders as to costs, and directed a site visit to the disputed lands with the attendance of the parties, their advocates, the District Land Registrar, and private surveyors if desired. The court further ordered that the costs for facilitating the court's and land officers' attendance be shared equally by both parties. The Executive Officer of the court was directed to accompany the land officers and parties during the site visit and to file a report within 30 days. The adoption of the consent order resolved the pending interlocutory...
Court Disposition
Consent order adopted; applications allowed; site visit ordered; costs for attendance to be shared equally.
Orders
- The application dated 14th June 2013 is allowed with no order as to costs.
- The application dated 31st January 2014 is allowed with no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 14 OF 2013
GEOFFREY KIRERA ARIMI............................................PLAINTIFF/APPLICANT
VERSUS
CHARLES MURUGU MUKINDIA.......................1ST DEFENDANT/RESPONDENT
JULIUS KIRIMI MWIRIGI...................................2ND DEFENDANT/RESPONDENT
PHANUEL KATHERI KARANJA.........................3RD DEFENDANT/RESPONDENT
PATRICK MURITHI MARANGU.........................4TH DEFENDANT/RESPONDENT
R U L I N G
There were two pending applications in this suit. One is dated 14. 6.2013 and the other is dated 31. 1.2014. Both were filed by the plaintiff. On 17. 7.2014, the advocates for the parties presented a draft Consent Order, in the following terms, which they wanted the Court to adopt as its order:
That the application dated 14th January, 2013 be allowed with no order to costs.
That the application dated 31st January, 2014 be allowed with no order as to costs.
That this Honourable Court do visit the lands in dispute along with the parties, their Advocates on record, the District Land Registrar, Nanyuki, and the parties private surveyors if they so wish.
That both parties to equally share the costs to facilitate the Honourable Court's and the Land officers attendance.
The terms of this consent, which is duly signed by the advocates for respective parties, are adopted as an order of this Court.
To facilitate the implementation of this order, the Court's Executive Officer will accompany the land Officers and the parties during the site visit and file a report within 30 days.
It is so ordered.
Delivered in Open Court at Meru this 17th day of July, 2014 in the presence of:
Cc. Daniel/Lilian
M/s Kiome for the plaintiff
Gichunge for defendants.
P. M. NJOROGE
JUDGE