[2013] KEHC 2040 (KLR)
The court adopted the consent signed by both parties as the judgment of the court, thereby binding the parties to its terms. The defendant is obligated to transfer the suit property, L.R. NO. NYAKI/MULATHANKARI/2488, to the plaintiff within six months. The plaintiff is required to pay the balance of the purchase...
Source-derived case information.
- Citation
- [2013] KEHC 2040 (KLR)
- Parties
- Plaintiff: Lucy Kathure Magiri; Defendant: Harriet Kanario Guantai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 73 of 2013
- Procedural Posture
- Land and Environment Case / Consent Judgment
- Outcome
- suit settled by consent judgment
- Legal Topics
- Transfer of Land, Consent Judgment, Specific Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Kathure Magiri
Plaintiff
Harriet Kanario Guantai
Defendant
Procedural Posture
Land and Environment Case / Consent Judgment
Legal Issues
- 1 Whether the defendant should transfer L.R. NO. NYAKI/MULATHANKARI/2488 to the plaintiff as per the agreement.
- 2 Whether the plaintiff is obligated to pay the balance of the purchase price upon execution of transfer documents.
- 3 What remedies are available in the event of default by the defendant to transfer the land.
Ratio Decidendi
The court adopted the consent signed by both parties as the judgment of the court, thereby binding the parties to its terms. The defendant is obligated to transfer the suit property, L.R. NO. NYAKI/MULATHANKARI/2488, to the plaintiff within six months. The plaintiff is required to pay the balance of the purchase price upon execution of the transfer documents. In the event of default by the defendant, the court's executive officer is empowered to execute the necessary documents to effect the transfer. The suit is marked as settled with no order as to costs, reflecting the parties' agreement and the court's endorsement of their settlement.
Court Disposition
suit settled by consent judgment
Orders
- The defendant to transfer L.R. NO. NYAKI/MULATHANKARI/2488 to the plaintiff within six months from the date of judgment.
- The plaintiff shall pay the balance of the purchase price upon execution of transfer documents and transfer of L.R. NO. NYAKI/MULATHANKARI/2488 to her.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 73 OF 2013
IN THE MATTER OF L.R. NO. NYAKI/MULATHANKALI/2488.
LUCY KATHURE MAGIRI.......................................................APPLICANT/PLAINTIFF
VS
HARRIET KANARIO GUANTAI.......................................RESPONDENT/DEFENDANT
CONSENT JUDGMENT
The consent dated 22/3/2013 signed by the plaintiff and the defendant is adopted as an order of this court to the effect;-
1. The defendant to transfer L.R. NO. NYAKI /MULATHANKARI/2488 within
6 months from today's judgment to the plaintiff.
2. The plaintiff shall pay the balance of the purchase price upon execution of transfer documents and transfer of L.R NO. NYAKI/MURATHANKARI/2488 to her.
3. THAT in default of the defendant transferring the land, the court's executive Officer to sign the relevant documents to effect the said transfer.
This suit is marked as settled. I give no order as to costs.
Delivered in open court at Meru this 8th day of August 2013
in the presence of; Court Clerk - Mwanjaru/Daniel
Kimathi Kiara for plaintiff.
Ndubi for defendant's.
Lucy Kathure Magiri - plaintiff. Harriet Kanario Guantai - defendant.
P.M. NJOROGE JUDGE