[2021] KEELC 4682 (KLR)

Parties

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1. 1 Whether the respondent should surrender the suit land to the appellant and her children as per the memorandum of appeal.
2. 2 Whether the parties have reached a binding consent to resolve the dispute.
3. 3 What orders should issue to effectuate the transfer of the suit land.

Ratio Decidendi

The court allowed the appeal by consent of both parties, recognizing their agreement to resolve the dispute over the suit land amicably. The respondent is to surrender the entire parcel of land LR NO. Kamagambo/Kabuoro/10339 to the appellant and her children, and both parties are to execute the necessary transfer documents within ninety days. The court emphasized the importance of alternative dispute resolution and the binding nature of consent judgments, in line with Article 159(2)(c) of the Constitution of Kenya, 2010. In default of compliance, the Deputy Registrar is empowered to execute the transfer documents. The court commended the parties for their wise decision to settle the...

Court Disposition

Appeal allowed by consent; suit land to be surrendered and transferred to appellant and her children.

Orders

• The respondent, Charles Asigo Orony, to surrender the whole of the suit land LR NO. Kamagambo/Kabuoro/10339 measuring approximately 0.265 hectares to the appellant, Jerusa Atieno Asigo, and her three sons and three daughters forthwith.
• The parties to execute the requisite transfer documents and complete the transfer of the suit land within ninety days from the date of judgment; in default, the Deputy Registrar to execute the documents accordingly.