[2013] KEHC 2030 (KLR)
The court adopted the consent between the plaintiff and defendant as an order, directing the defendant to transfer 0.50 acres from L.R. MWIMBI/CHOGORIA/5255 to the plaintiff, and authorized the court executive officer to execute necessary documents in default. The court further ordered the Land Registrar to lift any...
Source-derived case information.
- Citation
- [2013] KEHC 2030 (KLR)
- Parties
- Plaintiff: Nicholas Kirimi Nyaga; Defendant: James Njeru Micheni
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 107 of 2013
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- suit settled by consent
- Legal Topics
- Land Transfer, Consent Orders, Land Registration, Land Control Board
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Kirimi Nyaga
Plaintiff
James Njeru Micheni
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the consent between the plaintiff and defendant regarding transfer of 0.50 acres should be adopted as an order of the court.
- 2 Whether the court should direct the Land Control Board to issue consent for the transfer.
Ratio Decidendi
The court adopted the consent between the plaintiff and defendant as an order, directing the defendant to transfer 0.50 acres from L.R. MWIMBI/CHOGORIA/5255 to the plaintiff, and authorized the court executive officer to execute necessary documents in default. The court further ordered the Land Registrar to lift any cautions or restrictions to facilitate the transfer. However, the court declined to direct the Land Control Board to issue consent, holding that the parties must apply for consent in the normal manner, as the Board must exercise its statutory function independently. The suit was marked as settled, with each party bearing its own costs.
Court Disposition
suit settled by consent
Orders
- The defendant shall transfer 0.50 acres from L.R. MWIMBI/CHOGORIA/5255 to the plaintiff.
- In default, the court executive officer is authorized to execute all necessary documents to facilitate the transfer.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU E & L NO. 107 OF 2013
NICHOLAS KIRIMI NYAGA........................................................................ PLAINTIFF VERSUS
JAMES NJERU MICHENI..........................................................................DEFENDANT
JUDGMENT
The consent dated 15th day of May, 2013 between the plaintiff and the defendant is adopted as an order of the Court in the following terms;
1. That the Defendant do transfer a portion of land measuring 0. 50 Acres or thereabout and which is to be excised from the Defendant's Main Land L.R. MWIMBI/CHOGORIA/5255 and in default, this Honourable Court executive Officer be authorized and empowered to sign and or execute all the necessary documents to facilitate the transfer of 0. 50 Acres to the Plaintiff.
2. That the district Land Registrar Meru South be directed to lift any Cautions and or Restriction Registered on L.R MWIMBI/CHOGORIA/5255, so as to facilitate the transfer of 0. 50
Acres to the plaintiff.
3. That the instant suit be marked as settled and each party to bear its own costs.
Regarding the purported consent for the Court to direct the Chairman, Land Control Board, Meru South, to issue the necessary consents, it is directed that the plaintiff and the defendant do apply for the apposite consent in the normal manner so that the Land Control Board can perform its statutory function untrammelled.
Delivered in Open Court at Meru this 22nd day of July, 2013.
P. M. NJOROGE JUDGE