[2024] KEELC 6552 (KLR)

[2024] KEELC 6552 (KLR)

The court adopted the consent of the parties as its judgment, declaring the plaintiff the legal owner of L.R No. Ruiri/Rwarera/890 and L.R No. Ruiri/Rwarera/3273, and directing the relevant land authorities to reinstate the parcels to their original sizes and boundaries as per the demarcation maps. The consent was...

Source-derived case information.

Citation
[2024] KEELC 6552 (KLR)
Parties
Plaintiff: Celina Nkirote; Defendant: The Land Registrar Meru County; Defendant: The Attorney General; Defendant: The Land Adjudication & Settlement Office; Defendant: Meru County Surveyor; Defendant: Myles Mureithi Muriuki; Defendant: Julius Kimathi Mungania; Defendant: John Thirikwa; Defendant: Kibiti Richard
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case E017 of 2021
Procedural Posture
Environment and Land Case / Judgment on Consent
Outcome
Suit settled by consent; judgment entered in terms of consent.
Judges
CK Nzili
Legal Topics
Ownership Declaration, Land Reinstatement, Boundary Determination
Source Language
en
Land and Property Ownership Declaration Land Reinstatement Boundary Determination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Celina Nkirote

Plaintiff

The Land Registrar Meru County

Defendant

The Attorney General

Defendant

The Land Adjudication & Settlement Office

Defendant

Meru County Surveyor

Defendant

Myles Mureithi Muriuki

Defendant

Julius Kimathi Mungania

Defendant

John Thirikwa

Defendant

Kibiti Richard

Defendant

Procedural Posture

Environment and Land Case / Judgment on Consent

Legal Issues

  1. 1 Whether the plaintiff is the legal owner of L.R No. Ruiri/Rwarera/890 and L.R No. Ruiri/Rwarera/3273.
  2. 2 Whether the parcels should be reinstated to their original sizes and boundaries as per the demarcation maps.
  3. 3 Whether the consent should be adopted as the judgment of the court.

Ratio Decidendi

The court adopted the consent of the parties as its judgment, declaring the plaintiff the legal owner of L.R No. Ruiri/Rwarera/890 and L.R No. Ruiri/Rwarera/3273, and directing the relevant land authorities to reinstate the parcels to their original sizes and boundaries as per the demarcation maps. The consent was found to be lawful, clear, and binding on all parties, thereby settling the dispute in full with no order as to costs.

Court Disposition

Suit settled by consent; judgment entered in terms of consent.

Orders

  • Declaration that the plaintiff is the legal owner of L.R No. Ruiri/Rwarera/890 and L.R No. Ruiri/Rwarera/3273, measuring approximately 29 acres in total.
  • The Land Adjudication and Settlement Officer – Meru Central and the County Surveyor – Meru County Government are directed to reinstate parcels L.R No. Ruiri/Rwarera/890 and L.R No. Ruiri/Rwarera/3273 to their original sizes as demarcated on sheet map No. 108/1/22/2 and 108/3/81/1 respectively and place boundaries on...