[2016] KEHC 2769 (KLR)
The court adopted the consent signed by both parties and their advocates as a binding settlement of the dispute. The consent provided for the lifting of the inhibition on the land, transfer of the land to the plaintiff within 90 days at the defendant's cost, removal of the defendant's property from the plaintiff's...
Source-derived case information.
- Citation
- [2016] KEHC 2769 (KLR)
- Parties
- Plaintiff: Joyce Mwarama M'Rimberia alias Joyce Mwaranai M'Rimberia; Defendant: Benson Kithure Nkubitu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 116 of 2015
- Procedural Posture
- Civil Suit / Judgment on Consent
- Outcome
- Suit marked as settled by consent; consent adopted as order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Land Registration, Injunctions, Consent Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joyce Mwarama M'Rimberia alias Joyce Mwaranai M'Rimberia
Plaintiff
Benson Kithure Nkubitu
Defendant
Procedural Posture
Civil Suit / Judgment on Consent
Legal Issues
- 1 Whether the registration of L.R NO. KIIRUA/KIIRUA NKANDO/2519 in the defendant's name should be cancelled and registered in the plaintiff's name.
- 2 Whether a permanent injunction should issue restraining the defendant from interfering with the plaintiff's possession and use of the land.
- 3 Whether the parties' consent should be adopted as a binding settlement of the dispute.
Ratio Decidendi
The court adopted the consent signed by both parties and their advocates as a binding settlement of the dispute. The consent provided for the lifting of the inhibition on the land, transfer of the land to the plaintiff within 90 days at the defendant's cost, removal of the defendant's property from the plaintiff's homestead, and a permanent injunction restraining the defendant from interfering with the plaintiff's possession. Each party was to bear their own costs. The court marked the suit as settled and barred the parties from returning to court to canvass the same subject matter. The court's decision was based on the principle that a consent order, once adopted by the court, is binding...
Court Disposition
Suit marked as settled by consent; consent adopted as order of the court.
Orders
- The orders of inhibition placed on land reference Number KIIRUA/KIIRUA NKANDO/2519 are lifted.
- The defendant shall transfer into the plaintiff's name Land Reference Number KIIRUA/KIIRUA NKANDO/2519 within 90 days at his own cost.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
ENVIRONMENT AND LAND DIVISION
CIVIL SUIT NO. 116 OF 2016
JOYCE MWARAMA M'RIMBERIA ALIAS
JOYCE MWARANAI M'RIMBERIA..................................................PLAINTIFF
VERSUS
BENSON KITHURE NKUBITU.......................................................DEFENDANT
J U D G M E N T
1. The Plaintiff in his plaint dated 27th May, 2016 prays for judgment against the Defendant for:-
a.Cancellation of the registration of L.R NO. KIIRUA/KIIRUA NKANDO/2519 in the name of the defendant and registration of the same in the name of the Plaintiff.
b.A permanent injunction restraining the defendant and his family members, representatives, employees, servants, agents and/or anybody else acting or claiming on his behalf from entering into , trespassing onto, cultivating, selling or offering for sale, transferring, charging, leasing, pledging or in any other way alienating or disposing of and/or whatsoever interfering with the Plaintiff's/applicant's quiet, peaceful, uninterrupted actual and exclusive possession , cultivation, user, development and enjoyment of parcel of land No. KIIRUA/KIIRUA NKANDO/2519.
c.Costs and interest of this suit.
2. On 20/09/2016, the parties proffered to Court a Consent signed by their Advocates which is in the following terms:-
“By Consent of the Plaintiff and Defendant and their Advocates, this matter be settled in the following terms:-
1. The orders of inhibition placed on land reference Number KIIRUA/KIIRUA NKANDO/2519 be lifted.
2. The Defendant do transfer into the Plaintiffs names Land Reference Number KIIRUA/KIIRUA NKANDO/2519 within the next 90 days at his own costs.
3. The Plaintiff do allow the Defendant to take his sand, ballast, building stones, 2 goats and 1 cow from her homestead within 90 days.
4. That the Defendant shall not trespass cultivate, construct or interfere with the Plaintiffs quite possession of land Reference Number KIIRUA/KIIRUA NKANDO/2519.
5. That each party to bear his/her costs of this suit.
6. That this matter be marked as settled.
3. The Consent is adopted as an order of this Court. The suit is marked settled.
4. The parties may not come back to Court to canvass the same subject matters and issues which were the subject of this suit.
5. Parties to bear own costs.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel/ James
Muthomi for the Plaintiff
Kaimenyi for the Defendant
P. M. NJOROGE
JUDGE