[2017] KEELC 1723 (KLR)
The court found that the judgment of the lower court, which entitled the applicant to one half of parcel No. MAGUMONI/MUKUUNI/313, had been implemented as confirmed by the District Surveyor. The suit land had been subdivided and registered in the names of the respective parties. There being no further dispute or...
Source-derived case information.
- Citation
- [2017] KEELC 1723 (KLR)
- Parties
- Appellant: Njeru Mugera; Respondent: Jemimah Nkirote Njagi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 128 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Settlement and Closure
- Outcome
- Matter marked as settled; file removed from register of pending cases.
- Judges
- FM Njoroge
- Legal Topics
- Land Partition, Execution of Judgment, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Mugera
Appellant
Jemimah Nkirote Njagi
Respondent
Procedural Posture
Civil Appeal / Ruling on Settlement and Closure
Legal Issues
- 1 Whether the judgment of the lower court entitling the applicant to one half of parcel No. MAGUMONI/MUKUUNI/313 has been implemented.
- 2 Whether the matter should be marked as settled and removed from the register of pending cases.
Ratio Decidendi
The court found that the judgment of the lower court, which entitled the applicant to one half of parcel No. MAGUMONI/MUKUUNI/313, had been implemented as confirmed by the District Surveyor. The suit land had been subdivided and registered in the names of the respective parties. There being no further dispute or pending issue, and upon the request of the appellant's advocate, the court marked the matter as settled and ordered the file removed from the register of pending cases. The court reiterated its earlier warning against frivolous applications and found no basis for further proceedings.
Court Disposition
Matter marked as settled; file removed from register of pending cases.
Orders
- The matter is marked as settled.
- The file should be removed from the register of pending cases.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 128 OF 2017
FORMERLY MERU ELC CIVIL APPEAL CASE NO. 22 OF 2013
NJERU MUGERA…………......................…......APPELLANT
VERSUS
JEMIMAH NKIROTE NJAGI……..................RESPONDENT
RULING
1. The Chuka PMCC’s court in PMCC No. 20 of 2007 held that the applicant was entitled to one half of parcel No. MAGUMONI/MUKUUNI/313.
2. This court vide Meru HCCA No. 22 of 2013 upheld the decision of the lower court.
3. The implementation of this court’s judgment has been delayed by the parties through various activities, the effect of which was to inordinately frustrate the required implementation.
4. On 25th July, 2017, this court gave definitive directions and warned the parties that frivolous applications and activities would no longer be condoned.
5. Vide his letter dated 15. 9.2017, the District Surveyor Chuka has confirmed the status of the suit land as follows:
1. Magumoni/Mukuuni/3435 is registered in the name of Njeru Mugera.
2. Magumoni/Mukuuni/3436 is registered in the name of Jemima Nkirote.
6. Advocate Wilfred Kirimi representing the Appellant has asked the court to mark the matter as settled.
7. This matter is marked as settled. The file should be removed from the register of pending cases.
8. It is so ordered.
Delivered in open court at Chuka this 27th day of September, 2017 in the presence of:
CA: Ndegwa
Wilfred Kirimi for Appellant/Respondent
P. M. NJOROGE
JUDGE