[2017] KEELC 3349 (KLR)

[2017] KEELC 3349 (KLR)

The court adopted the consent filed by the parties as its judgment, finding that the consent was clear, voluntarily entered into, and adequately resolved the dispute. The terms of the consent provided for payment by the plaintiff, transfer of the suit property by the defendant, removal of encumbrances, and...

Source-derived case information.

Citation
[2017] KEELC 3349 (KLR)
Parties
Plaintiff: Jona Mbithingi M'Erimba; Defendant: Mati M'Imana Thiringi
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 17 of 2016
Procedural Posture
Land and Property Case / Ruling on Consent Judgment
Outcome
Suit marked as settled by consent; consent adopted as judgment of the court.
Judges
LN Mbugua
Legal Topics
Consent Judgment, Transfer of Land, Settlement of Suit
Source Language
en
Land and Property Consent Judgment Transfer of Land Settlement of Suit

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Parties

Jona Mbithingi M'Erimba

Plaintiff

Mati M'Imana Thiringi

Defendant

Procedural Posture

Land and Property Case / Ruling on Consent Judgment

Legal Issues

  1. 1 Whether the consent filed by the parties should be adopted as the judgment of the court.
  2. 2 Whether the terms of the consent adequately settle the dispute between the parties.

Ratio Decidendi

The court adopted the consent filed by the parties as its judgment, finding that the consent was clear, voluntarily entered into, and adequately resolved the dispute. The terms of the consent provided for payment by the plaintiff, transfer of the suit property by the defendant, removal of encumbrances, and settlement of the suit with no order as to costs. The court was satisfied that the consent met the legal requirements for adoption and marked the suit as settled.

Court Disposition

Suit marked as settled by consent; consent adopted as judgment of the court.

Orders

  • The plaintiff shall pay the defendant Kshs. 150,000 upon adoption of the consent.
  • The defendant shall transfer L.R No. NJIA/BURI-E-RURI/4624 to the plaintiff within 90 days from the date of adoption; in default, the Executive Officer is empowered to execute all requisite documents.