[2016] KEELC 1273 (KLR)
The court adopted the consent entered into by the parties as its judgment, recognizing that the parties had agreed to the subdivision of the disputed land parcel LR. No. ABOTHUGUCHI/GAITU/109 among the listed beneficiaries in specified shares. The court further ordered the lifting of the inhibition previously placed...
Source-derived case information.
- Citation
- [2016] KEELC 1273 (KLR)
- Parties
- Plaintiff: Mary Mwari Andrew; Plaintiff: Margaret Kanuu Mwaja; Plaintiff: Harriet Mugure Samuel; Defendant: Angelina Keeja Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 216 of 2013
- Procedural Posture
- Land Case / Judgment After Consent
- Outcome
- suit settled by consent; orders issued as per consent
- Judges
- FM Njoroge
- Legal Topics
- Land Subdivision, Consent Judgment, Transfer of Land, Orders of Inhibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mwari Andrew
Plaintiff
Margaret Kanuu Mwaja
Plaintiff
Harriet Mugure Samuel
Plaintiff
Angelina Keeja Kinyua
Defendant
Procedural Posture
Land Case / Judgment After Consent
Legal Issues
- 1 Whether the defendant should be compelled to subdivide and transfer land parcel LR. No. ABOTHUGUCHI/GAITU/109 into specified shares to the listed beneficiaries.
- 2 Whether the orders of inhibition on the land should be lifted.
Ratio Decidendi
The court adopted the consent entered into by the parties as its judgment, recognizing that the parties had agreed to the subdivision of the disputed land parcel LR. No. ABOTHUGUCHI/GAITU/109 among the listed beneficiaries in specified shares. The court further ordered the lifting of the inhibition previously placed on the land, as the dispute had been conclusively settled. The suit was marked as settled, and the parties were barred from re-litigating matters conclusively determined by this judgment. The consent, being duly signed by the parties and their advocates, was binding and enforceable as a judgment of the court.
Court Disposition
suit settled by consent; orders issued as per consent
Orders
- The suit is withdrawn with no order as to costs.
- Land parcel LR. No. ABOTHUGUCHI/GAITU/109 to be subdivided among the named parties in the shares specified in the consent.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
E& L CASE NO 216 OF 2013
MARY MWARI ANDREW.......................................1ST PLAINTIFF
MARGARET KANUU MWAJA............................. 2ND PLAINTIFF
HARRIET MUGURE SAMUEL............................3RD PLAINTIFF
VERSUS
ANGELINA KEEJA KINYUA..................................... DEFENDANT
J U D G M E N T
1. In their Plaint dated 5th August, 2013, the Plaintiffs seek Judgment against the Defendant for: -
1. An Order compelling the Defendant to subdivided and transfer land parcel L. No. ABOTHUGUCHI/GAITU/109 into 7 equal shares to ANGELINA KEEJA KINYUA, MARY MWARI ANDREW, MARGARET KANUU MWAJA, HARRIET MUGURE SAMUEL, JULIUS KIJOGI NABEA, LEWIS MURUGU NABEA AND DAVID KIMATHI NABEA.
2. Costs of this suit.
3. Any other relief this Honourable Court may deem fit and first to stand (sic).
2. On 07/09/2016, the parties proffered a Consent which they asked this Court to adopt as its order. The Consent which is signed by the representative of the firm of Gichunge Muthuri &Co, Advocates for the Plaintiffs and by Angeline Keeja Kinyua, the defendant, is in the following terms:-
“BY CONSENTthe parties have agreed as hereunder:
1. THAT the suit be withdrawn with no order as to costs.
2. THAT land parcel LR. No. ABOTHUGUCHI/GAITU/109 be divided as follows:-
i. ANGELINA KEEJA KINYUA …................3 ½
ii. JULIUS KIJOGI NABE …......................3 ½
iii. LEWIS MURUGU NABEA......................3 ½
iv. JULIA KINYA KIMATHI..............................3 ½
v. MARY MWARI ANDREW......................1 Acre
vi. MARGARET KANUU MWANJA..........1 Acre
vii. HARRIET MUGURE SAMWEL..........1 Acre
viii. SOLOMON MWENDA MWORIA........1 Acre
3. THAT orders of inhibition issued on 07/08/2013 inhibiting any dealings with land parcel LR. No. ABOTHUGUCHI/GAITU/109 are lifted and/or discharged”.
4. This Consent is adopted as an order of this Court.
5. This suit is marked as settled and the parties may not bring back to Court matters that have been conclusively determined by this Judgment.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
cc: Daniel /Lilian
Rimita h/b Gichunge for Plaintiffs
Angelina Keeja - Defendant
P.M. NJOROGE
JUDGE