[2020] KEELC 1029 (KLR)
The court adopted the consent of the parties as its judgment, finding that the terms were clear, mutually agreed, and capable of enforcement. The consent resolved all issues in the appeal, including the subdivision and transfer of the specified portion of land to the respondent, the transfer of the balance to a...
Source-derived case information.
- Citation
- [2020] KEELC 1029 (KLR)
- Parties
- Appellant: Julius Mbae Muremera; Respondent: Zipporah Wanja Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 20 of 2019
- Procedural Posture
- Civil Appeal / Judgment on Consent
- Outcome
- Appeal settled by consent; suit marked as settled.
- Legal Topics
- Land Transfer, Consent Judgment, Title Deed Dispensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mbae Muremera
Appellant
Zipporah Wanja Kinyua
Respondent
Procedural Posture
Civil Appeal / Judgment on Consent
Legal Issues
- 1 Whether the parties' consent on subdivision and transfer of land should be adopted as the judgment of the court.
- 2 Whether the original title deed is required for the transfer of the subdivided land.
- 3 How surveyor's fees and costs of the appeal should be apportioned.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, finding that the terms were clear, mutually agreed, and capable of enforcement. The consent resolved all issues in the appeal, including the subdivision and transfer of the specified portion of land to the respondent, the transfer of the balance to a third party, the dispensation with the original title deed, and the apportionment of surveyor's fees. The court found no legal impediment to adopting the consent as judgment and marked the suit as settled accordingly.
Court Disposition
Appeal settled by consent; suit marked as settled.
Orders
- The appellant shall transfer 0.35 acres from LR Abogeta/U-Kiungone/407 to the respondent, encompassing all her developments.
- The balance of the land shall be transferred to Gregory Mutegi.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC APPEAL 20 OF 2019
JULIUS MBAE MUREMERA.......................................................................................APPELLANT
VERSUS
ZIPPORAH WANJA KINYUA..................................................................................RESPONDENT
CONSENT/JUDGMENT
1. On 7. 9.20, the advocates for the parties in this matter proffered the following Consent, which they asked the Court to adopt as a Judgment of the court.
(i) The appellant do transfer to the respondent Zipporah Wanja Kinyua, 0. 35 acres from land parcel No. LR Abogeta/U-Kiungone/407 which shall encompass at least all her developments thereon.
(ii) The balance thereof be transferred to Gregory Mutegi.
(iii) The appellant do effectuate Nos. (a) & (b) above within sixty (60) days of execution of the consent herein failing which the deputy Registrar/Executive officer do execute the necessary instruments/documents to effect transfer.
(iv) Production of the original title deed be dispensed with.
(v) Surveyor’s fees be borne by both the respondent and Gregory Mutegi proportionate to the portions they are receiving.
(vi) Each party to bear its costs of this appeal.
2. The suit is hereby marked as settled in terms of the consent filed on 7. 10. 2020.
THE CONSENT ADOPTED AS THE COURT’S JUDGMENT THIS 7TH DAY OF OCTOBER, 2020
HON. L. N. MBUGUA
ELC JUDGE