[2017] KEELC 2252 (KLR)

[2017] KEELC 2252 (KLR)

The court found that both parties, through their respective advocates, freely entered into a consent to resolve the boundary dispute concerning parcel No. MWIMBI/CHOGORIA/4652. The consent was clear, lawful, and addressed the core issue in dispute. There was no evidence of fraud, collusion, or any vitiating factor....

Source-derived case information.

Citation
[2017] KEELC 2252 (KLR)
Parties
Plaintiff: Irvine Mwenda Japhet; Defendant: M’Kanga M’Rwito Kanyinyiro
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 212 of 2017
Procedural Posture
Land and Property Dispute / Consent Order Ruling
Outcome
Consent adopted as order of the court.
Judges
FM Njoroge
Legal Topics
Boundary Disputes, Consent Orders
Source Language
en
Land and Property Boundary Disputes Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Irvine Mwenda Japhet

Plaintiff

M’Kanga M’Rwito Kanyinyiro

Defendant

Procedural Posture

Land and Property Dispute / Consent Order Ruling

Legal Issues

  1. 1 Whether the consent entered by the parties should be adopted as an order of the court.
  2. 2 Whether the boundaries of the parcels MWIMBI/CHOGORIA/4652 should be established by the District Surveyor and Land Registrar.

Ratio Decidendi

The court found that both parties, through their respective advocates, freely entered into a consent to resolve the boundary dispute concerning parcel No. MWIMBI/CHOGORIA/4652. The consent was clear, lawful, and addressed the core issue in dispute. There was no evidence of fraud, collusion, or any vitiating factor. Accordingly, the court adopted the consent as its order, directing the District Surveyor and District Land Registrar, Meru South District, to visit the parcel and establish the boundaries within 60 days. The parties were directed to follow up on the implementation of the consent order.

Court Disposition

Consent adopted as order of the court.

Orders

  • The consent dated 21st June, 2017 is adopted as an order of the court.
  • The District Surveyor and District Land Registrar, Meru South District, shall visit parcel No. MWIMBI/CHOGORIA/4652 to establish boundaries within 60 days.