[2022] KEELC 2359 (KLR)
The court found that the parties had freely entered into a settlement agreement, which resolved all claims regarding Nairobi Block 37/72. The consent judgment, reflecting the parties' agreement, declared Govind Parshotam Jeram as the lawful owner and required Joseph Mbaria Muchina to relinquish all claims and...
Source-derived case information.
- Citation
- [2022] KEELC 2359 (KLR)
- Parties
- Plaintiff: Govind Parshotam Jeram; Defendant: Nairobi City Council; Defendant: Cascade Enterprises Limited; Defendant: Joseph Mbaria Muchina
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1144 of 2007
- Procedural Posture
- Environment and Land Case / Judgment on Settlement
- Outcome
- Suit marked as settled by consent; plaintiff declared lawful owner; 3rd defendant to relinquish all claims and certificate of lease to be cancelled.
- Judges
- LN Mbugua
- Legal Topics
- Ownership Dispute, Consent Judgment, Title Registration, Proprietary Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Govind Parshotam Jeram
Plaintiff
Nairobi City Council
Defendant
Cascade Enterprises Limited
Defendant
Joseph Mbaria Muchina
Defendant
Procedural Posture
Environment and Land Case / Judgment on Settlement
Legal Issues
- 1 Whether Govind Parshotam Jeram is the lawful owner of Nairobi Block 37/72.
- 2 Whether Joseph Mbaria Muchina has any valid claim or proprietary interest in Nairobi Block 37/72.
- 3 Whether the consent judgment should be registered against the property title.
Ratio Decidendi
The court found that the parties had freely entered into a settlement agreement, which resolved all claims regarding Nairobi Block 37/72. The consent judgment, reflecting the parties' agreement, declared Govind Parshotam Jeram as the lawful owner and required Joseph Mbaria Muchina to relinquish all claims and facilitate cancellation of his certificate of lease. The court held that the consent judgment should be registered against the property title, and all relevant authorities should be notified to effect the change in ownership and registration. The court's decision was based on the binding nature of consent judgments and the statutory provisions governing registration and proprietary...
Court Disposition
Suit marked as settled by consent; plaintiff declared lawful owner; 3rd defendant to relinquish all claims and certificate of lease to be cancelled.
Orders
- Suit marked as settled with Govind Parshotam Jeram declared lawful owner of Nairobi Block 37/72.
- Joseph Mbaria Muchina to withdraw all claims and cease making any claims on the property.
Full Case Text
Judgment text and source record
26 paragraphs
Jeram v Council & 2 others (Environment & Land Case 1144 of 2007) [2022] KEELC 2359 (KLR) (7 July 2022) (Judgment)
Neutral citation: [2022] KEELC 2359 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1144 of 2007
LN Mbugua, J
July 7, 2022
Between
Govind Parshotam Jeram
Plaintiff
and
Nairobi City Council
1st Defendant
Cascade Enterprises Limited
2nd Defendant
Joseph Mbaria Muchina
3rd Defendant
Judgment
1. That the parties have entered into a Settlement Agreement dated 4th day of March, 2022 and agreed to settle the suit in the following terms on consideration of the settlement amount paid by Govind Purshottam Jeram to the legal guardians of Joseph Mbaria Muchina;
2. That the Parties agree that the Suit shall be marked as settled with Govind Purshottam Jeram (GPJ) being declared the lawful owner and Joseph Mbaria Muchina shall withdraw his claim on the Property and cease and desist from making any claims in respect of the Property known as Nairobi Block 37/72;
3. That the Parties hereby agree that Joseph Mbaria Muchina shall relinquish any and all claims of ownership and proprietary interest in Nairobi Block 37/72 and will cause cancellation of Certificate of Lease issued in his name in respect of the said Property upon recording of his consent Judgment;
4. That that the consent judgment will be registered against Nairobi Block 37/72 in the name of Govind Purshottam Jeram;
5. That the consent judgment will be served upon Nairobi City County to confirm and endorse the interest of Govind Purshottam Jeram as the registered rate payer;
6. That the consent Judgment will be served upon the Chief Land Registrar and Joseph Mbaria Muchina through his Guardians will surrender to the Chief Land Registrar the original Certificate of Lease in the name of Joseph Mbaria Muchina dated 6th day of November 2002 for the same to be cancelled and the Lands office file destroyed.
7. That the Parties agree that the Honourable Court presiding over the Suit shall make a declaration that the Govind Purshottam Jeram’s ownership and proprietary interest in Nairobi Block 37/72 as valid as against any claim of ownership and proprietary interest in the Property by Joseph Mbaria Muchina and the consent judgment shall be registered against the title in the name of Govind Purshottam Jeram.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JULY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kamunde for the PlaintiffM/s Muvindye holding brief for Kamunya for 1st DefendantM/s Njuguna holding brief for James Rimoi for 3rd DefendantCourt Assistant: Eddel