[2014] KEHC 271 (KLR)
The court adopted the consent of the parties to withdraw the suit, marking the matter as settled with each party bearing its own costs. The adoption of the consent order means the court did not make a determination on the merits of the substantive claims, but the withdrawal by consent is final and the parties are...
Source-derived case information.
- Citation
- [2014] KEHC 271 (KLR)
- Parties
- Plaintiff: Methodist Church in Kenya Trustees Registered; Defendant: Henry Kirimi Mukira; Defendant: Chief Joshua Mwikumi Ntaragwi; Defendant: Samuel Karugu Ngari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 140 of 2010
- Procedural Posture
- Civil Suit / Judgment on Withdrawal by Consent
- Outcome
- suit withdrawn by consent, settled
- Judges
- FM Njoroge
- Legal Topics
- Land Ownership Dispute, Injunctive Relief, Declaratory Orders
- 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
Methodist Church in Kenya Trustees Registered
Plaintiff
Henry Kirimi Mukira
Defendant
Chief Joshua Mwikumi Ntaragwi
Defendant
Samuel Karugu Ngari
Defendant
Procedural Posture
Civil Suit / Judgment on Withdrawal by Consent
Legal Issues
- 1 Whether the plaintiff is the lawful claimant to Land Parcel No. Nyaki/Chugu/431.
- 2 Whether the land is reserved for construction of a nursery school.
- 3 Whether the defendants should be restrained from interfering with the plaintiff's use and occupation of the land.
Ratio Decidendi
The court adopted the consent of the parties to withdraw the suit, marking the matter as settled with each party bearing its own costs. The adoption of the consent order means the court did not make a determination on the merits of the substantive claims, but the withdrawal by consent is final and the parties are precluded from re-litigating the same issues in this court. The suit is therefore withdrawn and settled as per the terms agreed by the parties.
Court Disposition
suit withdrawn by consent, settled
Orders
- The suit is marked as withdrawn and settled by consent of the parties.
- Each party is to bear its own costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 140 OF 2010
METHODIST CHURCH IN KENYA TRUSTEES REGISTERED..................................PLAINTIFF.
VS
HENRY KIRIMI MUKIRA......................................................................................1ST DEFENDANT
CHIEF JOSHUA MWIKUMI NTARAGWI...........................................................2ND DEFENDANT
SAMUEL KARUGU NGARI....................................................................................3RD DEFENDANT
JUDGMENT
In his plaint dated 10th November, 2010, the plaintiff prays for Judgment against the defendants jointly and severally for;
A declaration that Land Parcel Nyaki/Chugu/431 is reserved for construction of a nursery school.
A declaration that the plaintiff is the lawful claimant to Land Parcel No. Nyaki/Chugu/431.
An order of permanent injunction restraining the defendants, by themselves, their servants and/or agents from entering, constructing, transferring or in nay way interfering with the plaintiffs use and occupation of L.R No. Nyaki/Chugu/431.
Costs and interest.
Any further or better relief this honorable Court may deem fit to grant.
On 4/11/2014, Mr Kurauka informed the court that the parties had on 24/6/2014 signed a consent which they wanted this court to adopt as its order. Mr Manases Kariuki holding brief for Kiogora for the 1st and 3rd defendants and Mr Kioga representing the 2nd defendant supported this position.
The consent is in the following terms.
“By consent this suit be and is hereby marked as withdrawn. Each party is to bear its own costs”.
This consent is adopted as an order of this court. This suit is marked withdrawn and settled. The parties may not bring it back to court.
It is so ordered.
Delivered in open court at Meru this 4th day of November, 2014 in the presence of.
Cc. Arimi/Lilian.
Kurauka holding brief for Rimita for Plaintiff.
Manases Kariuki holding brief for 1st and 3rd Defendants.
Kiongo for 2nd Defendant.
P M NJOROGE
JUDGE