[2014] KEHC 6031 (KLR)
The court adopted the consent of the parties as its judgment, finding that the terms were clear, mutually agreed, and resolved all issues in dispute. The registration of land parcel Abothuguchi/Makandune/1214 in the 1st defendant's name was cancelled, and the land reverted to the plaintiff. The inhibition order was...
Source-derived case information.
- Citation
- [2014] KEHC 6031 (KLR)
- Parties
- Plaintiff: M'Mwarania M'Munyua; Defendant: David Muriungi Muthuri; Defendant: Harriet Karuthu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 269 of 2013
- Procedural Posture
- Consent Judgment / Final Judgment
- Outcome
- suit marked as settled by consent; orders issued as per consent terms
- Judges
- FM Njoroge
- Legal Topics
- Land Registration, Title Cancellation, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Mwarania M'Munyua
Plaintiff
David Muriungi Muthuri
Defendant
Harriet Karuthu
Defendant
Procedural Posture
Consent Judgment / Final Judgment
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as the judgment of the court.
- 2 Whether the registration of land parcel Abothuguchi/Makandune/1214 should revert to the plaintiff.
- 3 Whether the inhibition order should be lifted.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, finding that the terms were clear, mutually agreed, and resolved all issues in dispute. The registration of land parcel Abothuguchi/Makandune/1214 in the 1st defendant's name was cancelled, and the land reverted to the plaintiff. The inhibition order was lifted, and each party was to bear their own costs. The court further ordered that no future suit involving the same parties and land would be entertained, thereby conclusively settling the matter.
Court Disposition
suit marked as settled by consent; orders issued as per consent terms
Orders
- The matter is marked as settled by consent of the parties.
- Registration of land parcel Abothuguchi/Makandune/1214 in the name of David Muriungi Muthuri is cancelled and the land reverts to M'Mwarania M'Munyua.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L 269 OF 2013
M'MWARANIA M'MUNYUA.....................................................................PLAINTIFF
VERSUS
DAVID MURIUNGI MUTHURI.........................................................1ST DEFENDANT
HARRIET KARUTHU.......................................................................2ND DEFENDANT
CONSENT JUDGEMENT
The parties in this suit filed a consent on 21. 1.2014. On 18. 3.2014, they prayed that its terms be adopted as orders of this court. The consent was in the following terms:
That by consent of the parties herein the matter be marked as settled.
That the registration of land parcel number Abothuguchi/Makandune /1214 in the names of DAVID MURIUNGI MUTHURI be and is hereby cancelled and the said land to revert to the names of M'Mwarania M'Munyua.
That the orders of inhibition registered against land parcel number Abothuguchi/Makandune/1214 made pursuant to this court order dated 9th October, 2013 and issued on 11th October, 2013 be and is hereby lifted.
That each party do bear his or her own costs.
The terms of the consent are adopted as orders of this court. No suit involving the same parties and the same suitland shall be entertained by this court or any other court of commensurate jurisdiction in future.
Delivered in Open Court at Meru this 18th day of March, 2014 in the presence of:
Cc Daniel
Mrs Ntarangwi for the plaintiff
David Muthuri – 1st defendant
Harriet Karuthu – 2nd defendant
P. M. NJOROGE
JUDGE