[2016] KEELC 1036 (KLR)
The court adopted the consent of the parties as its judgment, marking the suit as settled. The consent detailed the subdivision and transfer of the disputed land parcels among the plaintiff, defendant, and other named individuals. The court held that the parties are bound by the terms of the consent and are...
Source-derived case information.
- Citation
- [2016] KEELC 1036 (KLR)
- Parties
- Plaintiff: Mwamba M'Marete; Defendant: Julius Muguuku Mwamba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 116 of 2013
- Procedural Posture
- Civil Case / Judgment by Consent
- Outcome
- Suit marked as settled by consent; orders issued as per consent terms.
- Legal Topics
- Eviction, Land Subdivision, Consent Judgment
- 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
Mwamba M'Marete
Plaintiff
Julius Muguuku Mwamba
Defendant
Procedural Posture
Civil Case / Judgment by Consent
Legal Issues
- 1 Whether the defendant should be evicted from land parcel No. Abothuguchi/Kariene/38.
- 2 How the disputed land parcels should be subdivided and allocated among the parties.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, marking the suit as settled. The consent detailed the subdivision and transfer of the disputed land parcels among the plaintiff, defendant, and other named individuals. The court held that the parties are bound by the terms of the consent and are precluded from re-litigating the matters settled therein. Each party was ordered to bear their own costs. The consent, having been signed by both parties and their advocates, was deemed valid and enforceable as a final resolution of the dispute.
Court Disposition
Suit marked as settled by consent; orders issued as per consent terms.
Orders
- Land parcel No. Abothuguchi/Kariene/38 to be subdivided into three portions: ½ acre to Mwamba M'Marete, 1.45 acres to Julius Muguuku Mwamba, and 1.45 acres to James Kithinji Mwamba.
- Land parcel No. Abothuguchi/Kariene/311 to be subdivided into three portions: ½ acre to Mwamba M'Marete, 1.5 acres to Julius Muguuku Mwamba, and 1.5 acres to Daniel Kimathi Mwamba.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MERU
CIVIL CASE NO. 116 OF 2013 (FAST TRACK)
MWAMBA M'MARETE...................................................................................PLAINTIFF
VERSUS
JULIUS MUGUUKU MWAMBA...................................................................DEFENDANT
J U D G M E N T
In a plaint dated 2nd May, 2013, the Plaintiff prays for judgment against the defendant for:-
An order of eviction directed at the Defendant removing him permanently from land parcel NO. ABOTHUGUCHI/KARIENE/38.
Costs of this suit.
Any other or such better relief that this Honourable Court may deem fit and just to grant.
During mention for directions on 23/3/2016, the parties tendered to Court a Consent dated 23/3/2016 which they asked the Court to adopt its terms as its order. The Consent is in the following terms:-
“By consent of both parties hereto, this suit be marked as settled on the following terms:-
1. Land parcel No. Abothuguchi/Kariene/38 be sub-divided into 3 portions which shall be transferred as follows:-
(a) ½ acre to Mwamba M'Marete the plaintiff herein.
(b) 1. 45 acres to Julius Muguuku Mwamba the Defendant herein.
(c) 1. 45 acres to James Kithinji Mwamba.
Land parcel No. Abothuguchi/Kariene/311 to be sub-divided into 3 portions which shall be transferred as follows:-
(a) ½ acre to Mwamba M'Marete .
(b) 1 ½ acres to Julius Muguuku Mwamba.
(c) 1 ½ Daniel Kimathi Mwamba
Mention date to be given by the court to effect this order.
Each party to bear their own costs.
The consent is signed by the parties and their Advocates. The consent is adopted as an order of this court.
It is ordered that this suit is marked as settled and the same parties may not come back to re-litigate the matters settled herein.
It is so ordered.
Delivered in open court at Meru this23rd day of March, 2016in the presence of:-
CC: Daniel/Lilian
Miss E.G. Mwangi for the Plaintiff
B.G.Kariuki for the Defendant
P. M. NJOROGE
JUDGE