[2015] KEHC 3291 (KLR)
The court adopted the consent of the parties as its judgment, holding that where parties have freely entered into a consent to settle a dispute, the court will give effect to that agreement unless there is evidence of fraud, collusion, or other vitiating factors. The consent specified the distribution of the...
Source-derived case information.
- Citation
- [2015] KEHC 3291 (KLR)
- Parties
- Plaintiff: Joshua Mwenda Nkanatha; Plaintiff: Gideon Mburugu Kimathi; Plaintiff: Francis Kiogora; Defendant: Daniel M'Nkanatha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 48 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- suit settled by consent; judgment entered as per consent terms
- Legal Topics
- Consent Judgment, Land Subdivision, Transfer of Land, Removal of Cautions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Mwenda Nkanatha
Plaintiff
Gideon Mburugu Kimathi
Plaintiff
Francis Kiogora
Plaintiff
Daniel M'Nkanatha
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the parties' consent should be adopted as the judgment of the court.
- 2 How the disputed land parcels should be distributed among the parties as per the consent.
- 3 Who should bear the costs of survey, subdivision, and transfer.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, holding that where parties have freely entered into a consent to settle a dispute, the court will give effect to that agreement unless there is evidence of fraud, collusion, or other vitiating factors. The consent specified the distribution of the disputed land parcels, the removal of cautions and restrictions, and the allocation of costs for survey and transfer. The court found no reason to interfere with the parties' agreement and marked the suit as settled, barring its revival on the same issues.
Court Disposition
suit settled by consent; judgment entered as per consent terms
Orders
- The defendant shall retain Land Parcel No. KIIRUA/NAARI/2491.
- The defendant shall transfer land parcel numbers KIIRUA/NAARI/2492 to Joshua Mwenda Nkanatha, 2493 to Gideon Mburugu Kimathi, 2494 to Francis Kiogora, and 2495 to the beneficiaries of the late Charles Gikunda.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 48 OF 2012
JOSHUA MWENDA NKANATHA…………………….1ST PLAINTIFF
GIDEON MBURUGU KIMATHI……………..………….2ND PLAINTIFF
FRANCIS KIOGORA........................................................ 3RD PLAINTIFF
VERSUS
DANIEL M'NKANATHA........................................................DEFENDANT
J U D G E M E N T
On 6th July, 2015, Advocates for the Plaintiffs and the Defendant, presented to Court a Consent they wanted the Court to adopt as its order. The Consent is in the following terms:-
'' By consent of the parties and their Advocates the suit be and is hereby marked as settled on the following terms”.
(a) THAT the Defendant do retain Land Parcel No. KIIRUA/NAARI/2491.
(b) THAT the defendant to transfer land parcel Numbers KIIRUA/NAARI/2492 to 2495 as follows:
i. JOSHUA MWENDA NKANATA - 2492
ii. GEDION MBURUGU KIMATHI - 2493
iii. FRANCIS KIOGORA - 2494
iv. Beneficiaries of the late CHARLES GIKUNDA - 2495
(c) The Plaintiffs and the beneficiaries of the estate of the late CHARLES GIKUNDA to pay all the necessary Survey, subdivision and transfer expenses.
(d) All cautions, inhibitions and restrictions placed on parcel No KIIRUA/NAARI/2491 be and are hereby removed.
The Consent was duly signed, for the parties, by their Advocates. The contents of this consent are adopted as an Order of this Court. Parties shall bear own costs.
This suit is Marked as settled and same parties may not bring it back to Court.
It is so ordered.
Delivered in open Court at Meru this 6th day of July, 2015 in the presence of:-
CC: Lilian/Daniel
Mrs. Ntarangwi for Defendant
Harun Gitonga for Plaintiff
P.M.NJOROGE
JUDGE