[2014] KEHC 291 (KLR)
The court adopted the consent presented by the parties as the judgment of the court, finding that all parties and their advocates had agreed to the terms, which lawfully settled both the main suit and the counter-claim. The consent provided clear timelines for the plaintiff to vacate the land, specified payment of...
Source-derived case information.
- Citation
- [2014] KEHC 291 (KLR)
- Parties
- Plaintiff: Godffrey Kinja; Defendant: Gilbert Kabeere M'Mbijiwe; Defendant: Barnabas Mutwiri Kinoti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 302 of 2013
- Procedural Posture
- Environment and Land Case / Judgment on Consent
- Outcome
- Suit settled by consent; judgment entered as per consent terms.
- Judges
- FM Njoroge
- Legal Topics
- Eviction Orders, Consent Judgment, Vacant Possession, Settlement of Counterclaim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godffrey Kinja
Plaintiff
Gilbert Kabeere M'Mbijiwe
Defendant
Barnabas Mutwiri Kinoti
Defendant
Procedural Posture
Environment and Land Case / Judgment on Consent
Legal Issues
- 1 Whether the consent agreement between the parties should be adopted as the judgment of the court.
- 2 Whether the orders of eviction and possession should be set aside and replaced with the agreed terms.
- 3 Whether the counter-claim and main suit are fully settled by the consent.
Ratio Decidendi
The court adopted the consent presented by the parties as the judgment of the court, finding that all parties and their advocates had agreed to the terms, which lawfully settled both the main suit and the counter-claim. The consent provided clear timelines for the plaintiff to vacate the land, specified payment of consideration for the main house and store, and addressed costs. The court found no reason to interfere with the parties' agreement, and thus marked the suit as fully settled and determined, barring any further litigation on the matter.
Court Disposition
Suit settled by consent; judgment entered as per consent terms.
Orders
- The Deputy Registrar's order of eviction against the plaintiff dated 30th October 2014 but issued on 13th November 2014 is set aside and vacated.
- The plaintiff shall vacate land parcel No. NKUENE/KATHERA/400 in accordance with the specified timelines for different portions as per the consent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO. 302 OF 2013
GODFFREY KINJA........................................................................................PLAINTIFF
VERSUS
GILBERT KABEERE M'MBIJIWE....................................................1ST DEFENDANT
BARNABAS MUTWIRI KINOTI........................................................2ND DEFENDANT
J U D G M E N T
This matter came up for directions on 27. 11. 2014. The parties presented a consent which they prayed the Court to adopt as the Judgment of the Court. The consent is in the following terms:
“By consent of the parties and their Advocates herein, the Notice of Motion dated 20th November, 2014, the main suit and the counter-claim be settled in the following terms:
1. The Deputy Registrar's Order of eviction against the Plaintiff of 30th October, 2014 but issued on 13th November 2014 be and is hereby set aside and vacated.
2. The Plaintiff do vacate land parcel No. NKUENE/KATHERA/400 in the following format and times;
(a) Over the area the Plaintiff has planted potatoes after two (2) months and immediately upon harvesting the potatoes that is to say by 1st February, 2015.
(b) Over the area where the Plaintiff has planted finger millet after three (3) months that is to say by 1st march 2015.
(c) To remove the Zero grazing unit, cows and vacate the area the Plaintiff has planted nappier grass after six (6) months that is to say by 1st June, 2015 and remove all moveables from the main house.
(d) The 2nd defendant shall be left with the main house and the store but pay a consideration for the same of Kshs.2,000,000/= (Kenya Shillings Two Million) only to be paid to the Plaintiff on or before 31st January 2015.
(e) Each party to bear his own costs.
(f) This order be served upon the Officer Commanding Police Station (OCS) Nkubu and M/S VIEW LINE AUCTIONEERS for compliance with No (a) above.
(g) That in default of the foregoing execution to issue forthwith.”
The consent is signed by Kiautha Arithi & Co. Advocates for the plaintiff and Muia Mwanzia & Co. Advocates for the Defendants and is dated 25. 11. 2014. The consent is adopted as a Judgment of this Court. The suit is marked as settled and fully determined and parties may not bring it back to Court.
It is so ordered.
Delivered in Open Court at Meru this 27th day of November, 2014 in the presence of:
Cc Arimi
Thibaru for the Plaintiff
Mwanzia for the Defendants
P . M. NJOROGE
JUDGE