[2016] KEHC 815 (KLR)
The court adopted the consent of the parties as its judgment, thereby granting the plaintiff entitlement to the defendant's ¼ share of Plot No. 28B Kangeta Market by adverse possession. The defendant agreed to execute all necessary transfer instruments to effectuate the transfer. The consent resolved all issues as...
Source-derived case information.
- Citation
- [2016] KEHC 815 (KLR)
- Parties
- Plaintiff: Ibrahim Musa Mohammed; Defendant: Ali Musa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Originating Summons 70 of 2015
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- Claim allowed by consent; orders granted as per consent.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Transfer of Land, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Musa Mohammed
Plaintiff
Ali Musa
Defendant
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the plaintiff has acquired the defendant's ¼ share of Plot No. 28B Kangeta Market by adverse possession.
- 2 Whether the plaintiff is entitled to be registered as the sole proprietor of the whole Plot No. 28B Kangeta Market.
- 3 Whether the defendant should execute transfer documents in favour of the plaintiff.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, thereby granting the plaintiff entitlement to the defendant's ¼ share of Plot No. 28B Kangeta Market by adverse possession. The defendant agreed to execute all necessary transfer instruments to effectuate the transfer. The consent resolved all issues as pleaded by the plaintiff, and the court made the consent orders its own, thus disposing of the matter in accordance with the parties' agreement.
Court Disposition
Claim allowed by consent; orders granted as per consent.
Orders
- The plaintiff is entitled to the defendant's ¼ share of Plot No. 28B Kangeta Market as claimed.
- The defendant shall execute all transfer instruments to transfer the ¼ share of Plot No. 28B Kangeta Market to the plaintiff.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ORIGINATING SUMMONS NO. 70 OF 2015
IBRAHIM MUSA MOHAMMED …...PLAINTIFF
VERSUS
ALI MUSA.....................................DEFENDANT
J U D G M E N T
1. By Originating Summons dated 6th August, 2015, the Plaintiff sought the following orders:-
1. A declaration that IBRAHIM MUSA MOHAMMED the Plaintiff herein has acquired the Defendants ¼ share of Plot No. 28B KANGETA MARKET by adverse possession.
2. An order that the Plaintiff be registered as the sole proprietor of the whole Plot No 28 B KANGETA MARKET having acquired the other two ¼ share shares belonging to HUSSEIN MUSA and DAUDI MUSA.
3. An order that the Defendant do execute all the transfer documents and transfer instruments in favour of the Plaintiff to have the ¼ share transferred to the Plaintiff and in default this Honourable Court do empower its Executive Officer to execute the same on defendants behalf.
4. Costs for and incidental to this suit be borne by the Defendant.
5. Any other relief this Honourable Court deems fit and just to meet the ends of justice.
2. On 8th November, 2016, the parties proffered a Consent, dated 7th November, 2016, which they had duly signed, which they asked the Court to record as its Consent.
The Consent was addressed to this Court's Deputy Registrar and was in the following terms:-
“RE: CONSENT ORDER
Kindly record the following orders by Consent:-
1. By Consent the Plaintiff and Defendant agrees (sic) to have this matter settled and allowed as pleaded by the plaintiff.
2. THAT the Defendant ALI MUSA MOHAMED has agreed that the Plaintiff IBRAHIM MUSA MOHAMED is entitled to the ¼ share of plot No. 28B KANGETA MARKET as claimed in this matter.
3. THAT the Defendant ALI MUSA MOHAMED agrees to execute all the transfer instruments to transfer the ¼ share of plot No. 28B KANGETA MARKET to the Plaintiff IBRAHIM MUSA MOHAMMED.
4. THAT the parties shall settle the issue of costs by themselves outside the Court.
3. The Consent is adopted as an order of this Court and the orders contained herein become orders of this Court forthwith.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 8TH DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel /James
Ken Muriuki for Gichunge for the Plaintiff
Ali Musa -Defendant
P. M. NJOROGE
JUDGE