[2017] KEHC 4007 (KLR)
The court found that the consent dated 27.07.17 was properly signed by the parties and their advocates, making it binding. The court adopted the consent as its judgment, ordering the defendant to transfer the specified land to the plaintiff forthwith. In default of the defendant signing the necessary documents, the...
Source-derived case information.
- Citation
- [2017] KEHC 4007 (KLR)
- Parties
- Plaintiff: Jeniffer Kathoa Mwirigi; Defendant: Samson Kubwithia Emilio
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 224 of 2017
- Procedural Posture
- Land Case / Judgment on Consent
- Outcome
- suit settled by consent judgment
- Legal Topics
- Transfer of Land, Consent Judgment, Costs of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeniffer Kathoa Mwirigi
Plaintiff
Samson Kubwithia Emilio
Defendant
Procedural Posture
Land Case / Judgment on Consent
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as the judgment of the court.
- 2 Whether the defendant should transfer L.R NO. ABOTHUGUCHI/GAITU/2198 to the plaintiff.
- 3 Who should bear the costs of the suit.
Ratio Decidendi
The court found that the consent dated 27.07.17 was properly signed by the parties and their advocates, making it binding. The court adopted the consent as its judgment, ordering the defendant to transfer the specified land to the plaintiff forthwith. In default of the defendant signing the necessary documents, the court executive officer is authorized to sign on his behalf. The court further ordered that the costs of the suit be borne by the defendant. The suit was marked as settled in accordance with the consent.
Court Disposition
suit settled by consent judgment
Orders
- The defendant shall transfer L.R NO. ABOTHUGUCHI/GAITU/2198 to the plaintiff forthwith.
- In default of the defendant signing all necessary documents to effect transfer, the Court Executive Officer is authorized to sign the documents on his behalf.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E&L CASE NO. 224 OF 2017
JENIFFER KATHOA MWIRIGI...............................................PLAINTIFF
VERSUS
SAMSON KUBWITHIA EMILIO...........................................DEFENDANT
CONSENT/JUDGMENT
1. On 27. 07. 17, the advocates for the plaintiff and the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
"BY CONSENT
(1) The defendant do transfer L.R NO. ABOTHUGUCHI/GAITU/2198 to the Plaintiff forthwith.
(2) In default of the defendant failure to sign all necessary documents to effect transfer, the Court Executive Officer be authorized to sign the documents on his behalf.
(3) Costs of the suit be borne by the defendant."
2. I find that the Consent is properly signed and is binding upon the parties.
3. (Having perused the Consent dated 27. 07. 17 and filed on the same day, Judgment is hereby entered in terms of the said consent. The suit is hereby marked as settled.
4. Costs of the suit be borne by the defendant.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 27TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
C.A: Janet
Mutuma Mwenda for Plaintiff
Plaintiff present
Defendant Present
HON. L. N. MBUGUA
ELC JUDGE