[2016] KEHC 5071 (KLR)
The court adopted the consent of the parties as its judgment, holding that the property in question should be subdivided into two equal parts, with one part registered in the names of certain plaintiffs and the other part registered in the names of certain defendants and a plaintiff. The suit was marked as settled...
Source-derived case information.
- Citation
- [2016] KEHC 5071 (KLR)
- Parties
- Plaintiff: Isabella Kiende; Plaintiff: Christine Nkatha; Plaintiff: James Bundi; Plaintiff: Judith Kinya; Defendant: Francis Mwiti Kiugu; Defendant: Consolata Kathure Murungi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 51 of 2012
- Procedural Posture
- Land and Environment Case / Final Judgment by Consent
- Outcome
- Suit settled by consent; property to be subdivided and registered as per consent; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Trusts in Land, Joint Registration, Consent Judgment, Land Subdivision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isabella Kiende
Plaintiff
Christine Nkatha
Plaintiff
James Bundi
Plaintiff
Judith Kinya
Plaintiff
Francis Mwiti Kiugu
Defendant
Consolata Kathure Murungi
Defendant
Procedural Posture
Land and Environment Case / Final Judgment by Consent
Legal Issues
- 1 Whether the defendant holds parcel No. NYAKI/MULATHANKARI/2708 in trust for the plaintiffs.
- 2 Whether the plaintiffs are entitled to joint registration of the property.
- 3 Whether the suit should be settled by consent and the terms thereof.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, holding that the property in question should be subdivided into two equal parts, with one part registered in the names of certain plaintiffs and the other part registered in the names of certain defendants and a plaintiff. The suit was marked as settled with no order as to costs, and the consent was made an order of the court. The court emphasized that parties are bound by their consent and may not re-litigate the matter.
Court Disposition
Suit settled by consent; property to be subdivided and registered as per consent; no order as to costs.
Orders
- Plot No. MERU MADARAKA ESTATE BLOCK 11/75 to be subdivided into two equal parts to form two plots of 22 x 80 each or thereabout.
- One part (undeveloped) to be registered in the names of Isabella Kiende Mwiti, James Bundi Mwiti, Judith Kinya Mwiti, and Jane Karuki Mwiti.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 51 Of 2012
ISABELLA KIENDE …........................................................1ST PLAINTIFF
CHRISTINE NKATHA.........................................................2ND PLAINTIFF
JAMES BUNDI …................................................................3RD PLAINTIFF
JUDITH KINYA......................................................................4TH PLAINTIFF
VERSUS
FRANCIS MWITI KIUGU …...........................................1ST DEFENDANT
CONSOLATA KATHURE MURUNGI...........................2ND DEFENDANT
J U D G M E N T
In their plaint, the Plaintiffs seek Judgment against the defendant for:-
a) A declaration that the defendant holds parcel No. NYAKI/MULATHANKARI/2708 in trust for the plaintiffs and they should be registered jointly thereto.
b) Costs of the suit .
On 28/04/2016, the parties proffered a Consent which they asked the Court to adopt as its order. The Consent is in the following terms :
“ Kindly record the following Consent.
“ By Consent:
1. THATPlot No. MERU MADARAKA ESTATE BLOCK 11/75 be subdivided into 2 equal parts to form 2 plots of 22 X 80 each or thereabout , one part which is undeveloped to be registered in the names of ISABELLA KIENDE MWITI , JAMES BUNDI MWITI, JUDITH KINYA MWITI and JANE KARUKI MWITI and the other part which is developed and has rental premises to be registered in the names of FRANCIS MWITI KIUGU and CHRISTINE NKATHA MWITI.
2. THATthis suit be marked as settled with no order as to costs.
3. THAT this order be served upon the Meru County Government Committee Member for land, ICT and planning for strict compliance.
The Consent is duly signed by the Advocates representing the parties. The Consent is adopted as an order of this Court. This suit is marked as settled and parties may not come back to Court to re-litigate this matter.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 28TH DAY OF APRIL, 2016 IN THE PRESENCE OF: -
CC: Lilian
Muia Mwanzia for the Plaintiffs
Ken Muriuki for the Defendants
P.M. NJOROGE
JUDGE