[2017] KEELC 1605 (KLR)
The court adopted the consent of the parties as its order, finding that the agreement was properly executed by the parties and their advocates, and that it resolved the dispute regarding access between the specified land parcels. The court further clarified the operative terms of the consent, specifically directing...
Source-derived case information.
- Citation
- [2017] KEELC 1605 (KLR)
- Parties
- Applicant: Jedielmiriti Nyaga (Suing as the Legal Representative of the Estate of Alice Nyaga); Respondent: County Government of Tharaka Nithi; Respondent: Phineas Njage Ndubi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Consent Order
- Outcome
- Consent adopted as order of the court; parties to comply within 14 days.
- Judges
- FM Njoroge
- Legal Topics
- Right of Way, Access Road Creation, Land Parcel Access, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jedielmiriti Nyaga (Suing as the Legal Representative of the Estate of Alice Nyaga)
Applicant
County Government of Tharaka Nithi
Respondent
Phineas Njage Ndubi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Consent Order
Legal Issues
- 1 Whether the court should adopt the consent between the parties as an order of the court.
- 2 Whether the parties are entitled to the creation of a 6-metre wide access road between the specified land parcels.
- 3 Whether the implementation of the consent requires involvement of the Land Registrar, Surveyor, and Physical Planner.
Ratio Decidendi
The court adopted the consent of the parties as its order, finding that the agreement was properly executed by the parties and their advocates, and that it resolved the dispute regarding access between the specified land parcels. The court further clarified the operative terms of the consent, specifically directing the Land Registrar, Surveyor, and Physical Planner to implement the creation of a 6-metre wide access road within 14 days, and ordered that the applicant and 2nd respondent share the government charges. The court found no legal impediment to adopting the consent and emphasized the binding nature of such agreements when freely entered into by the parties.
Court Disposition
Consent adopted as order of the court; parties to comply within 14 days.
Orders
- The consent dated 27th September, 2017 is adopted as an order of the court.
- The 2nd respondent, Phineas Ndubi, to provide a 6-metre wide road of access from parcel No. Mwimbi/Chogoria/3502 to parcel No. Mwimbi/Chogoria/497.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISC. ELC CASE NO 04 OF 2017
FORMERLY MERU MISC ELC CASE NO. 11 OF 2011
JEDIELMIRITI NYAGA (SUING AS THE LEGAL REPRESENTATIVE OF THE
ESTATE OF ALICE NYAGA)………................…………….………APPLICANT
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI………….1ST RESPONDENT
PHINEAS NJAGE NDUBI………………………….…........2ND RESPONDENT
RULING
1. To finalize this matter, the parties have proffered a consent signed for them by their advocates, which they want this court to adopt as its order.
The consent is in the following terms:
By consent of the parties and their respective advocates;
1. The 2nd respondent herein Phineas Ndubi to provide a road of access from parcel No. Mwimbi/Chogoria/3502 accessing parcel No. Mwimbi/Chgoria/497 of 6 metres wide.
2. The Land Registrar, Land Surveyor and the Physical Planner Meru South District do visit the locus in quo within 14 days for purposes of implementing the same.
3. The applicant and the 2nd respondent to share the government charges.
Dated 27th day of September, 2017
2. This consent is adopted as an order of this court.
3. For avoidance of doubt, the Land Registrar, the Land Surveyor and the Physical Planner, Meru South District, are directed to provide a road of access from parcel No. MWIMBI/CHOGORIA/3502 to give access to parcel No. MWIMBI/CHOGORIA/497 and which road of access should be 6 metres wide.
4. Orders contained herein to be implemented within the next 14 days.
5. Directions on 2nd November, 2017.
6. It is so ordered.
Delivered in open court at Chuka this 27th day of September, 2017 in the presence of:
CA: Ndegwa
Mwiti for the Applicant
Murango Mwenda for the 1st Respondent
Mwanzia for the 2nd Respondent
Kiongo as Amicus
P. M. NJOROGE
JUDGE