[2017] KEHC 4013 (KLR)
The court found that the consent dated 19th July 2017, duly signed by the parties and their advocates, was valid and binding. The court held that the compensation and resettlement of the defendants had been completed as per the consent, and the defendants had vacated the suit land. The consent further provided that...
Source-derived case information.
- Citation
- [2017] KEHC 4013 (KLR)
- Parties
- Plaintiff: Meru University College of Science and Technology; Defendant: M'Ngaruthi M' Mugambi & 169 Others; Applicant: Hon Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 113 of 2011
- Procedural Posture
- Civil Suit / Consent Judgment
- Outcome
- suit settled by consent judgment
- Legal Topics
- Compulsory Acquisition, Compensation for Land, Consent Judgment, Resettlement, Withdrawal of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meru University College of Science and Technology
Plaintiff
M'Ngaruthi M' Mugambi & 169 Others
Defendant
Hon Attorney General
Applicant
Procedural Posture
Civil Suit / Consent Judgment
Legal Issues
- 1 Whether the consent agreement between the parties is valid and binding as a judgment of the court.
- 2 Whether the compensation and resettlement of the defendants has been fully effected as per the consent terms.
- 3 Whether the parties are barred from instituting further proceedings over the subject matter.
Ratio Decidendi
The court found that the consent dated 19th July 2017, duly signed by the parties and their advocates, was valid and binding. The court held that the compensation and resettlement of the defendants had been completed as per the consent, and the defendants had vacated the suit land. The consent further provided that neither party would institute further proceedings regarding the subject matter, and any pending suits would be withdrawn. The court, satisfied with the terms and execution of the consent, adopted it as the judgment of the court, thereby marking the suit as settled. Each party was ordered to bear its own costs.
Court Disposition
suit settled by consent judgment
Orders
- Judgment is entered in terms of the consent dated 19.07.2017 and filed on 25.07.2019.
- The suit is marked as settled.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 113 OF 2011
MERU UNIVERSITY COLLEGE OFSCIENCE AND TECHNOLOGY ........PLAINTIFF
VERSUS
M'NGARUTHI M' MUGAMBI & 169 OTHERS....................................DEFENDANTS
HON ATTORNEY GENERAL........PROPOSED INTERESTED PARTY/APPLICANT
CONSENT/JUDGMENT
1. On 19. 07. 2017, the advocates and the State Counsel representing the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
"BY CONSENT
(1) The Plaintiff has compensated the Defendants with thirty eight (38) acres of land comprised LR. No. KIANJA/ URINGU 111/889 currently registered in the name of the County Government of Meru (Meru County Council of Nyambene ) but reserved in favour of the Plaintiff for re-settlement of the Defendants as per the list developed by the parties during the visit to the locus in quo on varied dates. LR. NO KIANJAI/URINGU 111/889 is separate and distinct from the suit land herein LR. NO 27425 Grant NO. L.R. 103827.
(2) The National Government facilitated the resettlement of the Defendants by compensating them on behalf of the Plaintiff through the Plaintiff's office with a sum of Kshs. 30,000,000/= (Kenya Shillings Thirty Million) only through the Plaintiff less the expenses totaling to Kshs. 2,000,000/= (Kenya Shillings Two Million) only for planning and subdivision of LR. No. NYAMBENE/URINGU 111/889 as agreed in various meetings between the Plaintiff and the Defendant.
(3) The compensation and resettlement of the Defendants and other persons on the suit land as per clause 1 and 2 herein above has been undertaken, processed and completed by the Plaintiff in conjunction with the County Commissioner-Meru County and the Meru County Government.
(4) The Defendants have since vacated the suit land known as Grant L.R 103827 (27425) (formerly No. 1595 Uringu 1 Land Adjudication Section) upon full receipt of the compensation stipulated under clause No. 1 and 2 above.
(5) The Defendants, their agents and servants shall not bounce back to the suit land and/or any portion thereof.
(6) Upon filing and adoption of this consent, neither party herein shall institute any other proceedings and/or suits(s) either against the other and/or against the County Commissioner Meru County, the County Government of Meru or their agents, servants, successors and assign in title over the subject matter of the instant matter and other suits (claims) pending before any court over the same subject matter and between the same parties herein (if any) shall be withdrawn.
(7) Each party shall bear its costs of this suit".
2. I find that the Consent is properly signed and is binding upon the parties.
3. Having perused the consent dated 19. 7.17 and filed on 25. 07. 19, Judgment is hereby entered in terms of the said consent. The suit is hereby marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 27TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
C.A: Janet
B. Kimathi for Interested Party
Mutegi for Plaintiff
HON. L. N. MBUGUA
ELC JUDGE