[2017] KEHC 7440 (KLR)
The court adopted the consent order entered into by the parties, which provided for the cancellation of the subdivisions of the disputed land and reversion to the original parcel to enable proper succession proceedings. The consent, having been freely entered into and signed by the parties' advocates, was binding...
Source-derived case information.
- Citation
- [2017] KEHC 7440 (KLR)
- Parties
- Plaintiff: Jane Cianduru Chege; Defendant: Josephine Mukwanjagu; Defendant: Albert Kirimi Ncege; Defendant: Ephantus Mugendi M’Rithi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 67 of 2017
- Procedural Posture
- Land and Environment Case / Judgment After Consent Order
- Outcome
- Suit settled by consent; orders issued as per consent; suit marked as settled and removed from register.
- Judges
- FM Njoroge
- Legal Topics
- Fraudulent Land Transfer, Land Subdivision, Succession of Land, Cancellation of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Cianduru Chege
Plaintiff
Josephine Mukwanjagu
Defendant
Albert Kirimi Ncege
Defendant
Ephantus Mugendi M’Rithi
Defendant
Procedural Posture
Land and Environment Case / Judgment After Consent Order
Legal Issues
- 1 Whether the subdivision and transfer of land Parcel No. KARINGANI/GITARENI/690 to the defendants was fraudulent, improper, unlawful, and void.
- 2 Whether the resultant parcels should be cancelled and reverted to the original parcel to enable proper succession proceedings.
Ratio Decidendi
The court adopted the consent order entered into by the parties, which provided for the cancellation of the subdivisions of the disputed land and reversion to the original parcel to enable proper succession proceedings. The consent, having been freely entered into and signed by the parties' advocates, was binding and disposed of all issues in the suit. The court therefore marked the suit as settled and ordered its removal from the register of pending suits.
Court Disposition
Suit settled by consent; orders issued as per consent; suit marked as settled and removed from register.
Orders
- Registration of land parcels Karingani/Gitareni/3205, 3206 and 3207 is cancelled and the land reverts to Parcel No. Karingani/Gitareni/690 to enable proper succession cause to be filed.
- Each party to bear own costs of the suit.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 67 OF 2017
FORMERLY MERU ELC CASE NO.100 OF 2015
JANE CIANDURU CHEGE...................................PLAINTIFF
VERSUS
JOSEPHINE MUKWANJAGU.................1ST DEFENDANT
ALBERT KIRIMI NCEGE.........................2ND DEFENDANT
EPHANTUS MUGENDI M’RITHI............3RD DEFENDANT
JUDGMENT
1. The plaintiff in her plaint dated 23rd September, 2015 prayed for judgment against the defendants jointly and severally for:
a) A declaration that the subdivision of land Parcel No.KARINGANI/GITARENI/690 and subsequent transfer from the deceased M’RITHI M’RINGATA to the defendants was fraudulent, improper, unlawful, and null and void ab initio.
b) An order for cancellation of land Parcels Number KARINGANI/GITARENI/3205, 3206 and 3207 and the same do revert / be consolidation (sic) to the initial Parcel No. KARINGANI/GITARENI/690 to enable proper succession cause to be filed.
c) Costs of this suit and interest.
d) Any other or further relief that this honourable court deems fit to grant.
2. On 21st day of June, 2016, the parties proffered a consent to be adopted as an order of this court. The consent is in the following terms:
CONSENT ORDER
Upon receipt (sic) consent order dated 22. 2.2016 and signed by Muthoni Ndeke & Co. Advocates for defendants, the following consent order is hereby recorded as follows:
1. That by consent registration of land parcels Number Karingani/Gitareni/3205, 3206 and 3207 be cancelled and the same do revert to the initial Parcel No. Karingani/Gitareni/690 to enable proper succession cause to be filed.
2. That each party to bear own costs of the suit.
Dated at Meru this 21st day of June, 2016
…………………
Deputy Registrar
3. This consent is adopted as an order of this court.
4. This suit is marked as settled and should be removed from the register of pending suits.
5. It is so ordered.
Delivered in open court at Chuka this 28th day of February, 2017 in the presence of:
CA: Ndegwa
Parties not present
P. M. NJOROGE
JUDGE