[2021] KEELC 2883 (KLR)
The court adopted the consent executed by the parties' advocates as its order, finding that the parties had mutually agreed to resolve the dispute regarding the occupation and boundaries of the suit parcels through a survey process. The consent was properly executed, and the terms were clear: the County Surveyor...
Source-derived case information.
- Citation
- [2021] KEELC 2883 (KLR)
- Parties
- Plaintiff: Phineas Ngaku Murungi; Plaintiff: Edwin Kaburu Thuura; Plaintiff: Kamunid Thuura; Plaintiff: Kithinji Barine; Plaintiff: Ashford Mutegi Murungi; Plaintiff: Jasper Kiria; Plaintiff: Ephantus Kinyua Kiria; Defendant: Riungu Kaminchi; Defendant: M’Murungi Kungania; Defendant: Kinyua Kagogi; Defendant: Kawira M’Ndaka; Defendant: Murithi Bururia; Defendant: Kithinji Bururia; Defendant: Kirama Chabari; Defendant: Virginia Murithi; Defendant: Damaris Mukwandegi; Defendant: Kariuki Bururia; Defendant: Catherine Mukwamugo; Defendant: Michael Ndubi; Defendant: District Lands Adjudication Officer Maara Sub County; Defendant: District Surveyor Meru South/Maara Sub County; Defendant: Lands Registrar, Meru South
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2021
- Procedural Posture
- Land and Environment Case / Consent Order
- Outcome
- Consent adopted as order of the court; directions to follow after survey report.
- Legal Topics
- Land Adjudication, Boundary Disputes, Survey Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phineas Ngaku Murungi
Plaintiff
Edwin Kaburu Thuura
Plaintiff
Kamunid Thuura
Plaintiff
Kithinji Barine
Plaintiff
Ashford Mutegi Murungi
Plaintiff
Jasper Kiria
Plaintiff
Ephantus Kinyua Kiria
Plaintiff
Riungu Kaminchi
Defendant
M’Murungi Kungania
Defendant
Kinyua Kagogi
Defendant
Kawira M’Ndaka
Defendant
Murithi Bururia
Defendant
Kithinji Bururia
Defendant
Kirama Chabari
Defendant
Virginia Murithi
Defendant
Damaris Mukwandegi
Defendant
Kariuki Bururia
Defendant
Catherine Mukwamugo
Defendant
Michael Ndubi
Defendant
District Lands Adjudication Officer Maara Sub County
Defendant
District Surveyor Meru South/Maara Sub County
Defendant
Lands Registrar, Meru South
Defendant
Procedural Posture
Land and Environment Case / Consent Order
Legal Issues
- 1 Whether the parties can resolve the dispute regarding occupation and boundaries of the suit parcels by consent.
- 2 Whether the County Surveyor should be directed to ascertain actual occupation, acreage, and boundaries of the disputed parcels.
- 3 How the costs of the survey exercise should be apportioned among the parties.
Ratio Decidendi
The court adopted the consent executed by the parties' advocates as its order, finding that the parties had mutually agreed to resolve the dispute regarding the occupation and boundaries of the suit parcels through a survey process. The consent was properly executed, and the terms were clear: the County Surveyor would visit the disputed parcels, establish actual occupation, acreage, and boundaries, and file a report within 90 days. The costs of the survey would be borne by the parties, excluding the 13th, 14th, and 15th defendants. The court found no legal impediment to adopting the consent as an order, as all parties were represented and the agreement was lawful. The matter was set for...
Court Disposition
Consent adopted as order of the court; directions to follow after survey report.
Orders
- The consent dated 15th June, 2021 is adopted as an order of the court.
- The County Surveyor, Tharaka Nithi, shall visit the disputed parcels and carry out the survey as agreed.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
ELC CASE NO. E002 OF 2021
PHINEAS NGAKU MURUNGI....................................................1ST PLAINTIFF
EDWIN KABURU THUURA........................................................2ND PLAINTIFF
KAMUNID THUURA....................................................................3RD PLAINTIFF
KITHINJI BARINE.......................................................................4TH PLAINTIFF
ASHFORD MUTEGI MURUNGI.................................................5TH PLAINTIFF
JASPER KIRIA.............................................................................6TH PLAINTIFF
EPHANTUS KINYUA KIRIA........................................................7TH PLAINTIFF
VERSUS
RIUNGU KAMINCHI.................................................................1ST DEFENDANT
M’MURUNGI KUNGANIA........................................................2ND DEFENDANT
KINYUA KAGOGI.....................................................................3RD DEFENDANT
KAWIRA M’NDAKA..................................................................4TH DEFENDANT
MURITHI BURURIA.................................................................5TH DEFENDANT
KITHINJI BURURIA.................................................................6TH DEFENDANT
KIRAMA CHABARI..................................................................7TH DEFENDANT
VIRGINIA MURITHI.................................................................8TH DEFENDANT
DAMARIS MUKWANDEGI.......................................................9TH DEFENDANT
KARIUKI BURURIA................................................................10TH DEFENDANT
CATHERINE MUKWAMUGO..................................................11TH DEFENDANT
MICHAEL NDUBI....................................................................12TH DEFENDANT
THE DISTRICT LANDS ADJUDICATION
OFFICER MAARA SUB COUNTY..........................................13TH DEFENDANT
DISTRICT SURVEYOR MERU
SOUTH/MAARA SUB COUNTY.............................................14TH DEFENDANT
LANDS REGISTRAR, MERU SOUTH.....................................15TH DEFENDANT
RULING
1. On 15th June, 2021, advocates for the parties in this matter proffered a consent which they asked the court to adopt as its order.
The consent is in the following terms:
CONSENT
By consent the parties herein have agreed on the following:
(1) The County Surveyor, Tharaka Nithi do visit the disputed parcels of land comprising the pre registration land parcels Nos. PLOT No. 1480 and 1977 within the then Lower East Magutuni Adjudication Section currently Mwimbi/Lower East Magutuni Registration area and the current suit parcels of land being L.R. No. Mwimbi/Lower East Magutuni/3712, 3713, 3714, 3715, 3716, 3613, 3614, 3615, 3616, 3617, 3618, 3619, 3620, 3621, 3622, 3623, 3624, 2381 and 1977.
(2) The surveyor do establish the actual occupation of the said pre-registration parcel numbers 1480 and 1977 with the names of the occupants acreage occupied and the boundaries of each occupant.
(3) The surveyor do identify and sketch the map location of the registered parcels on the ground showing by a sketch map any over – lap of the ground occupation and map position of the registered parcels, if any.
(4) Each party be at liberty to engage a private surveyor during the exercise, if they so wish.
(5) The County Surveyor do file his report within 90 days.
(6) The County Surveyor’s cost be borne by parties excluding the 13th, 14th and 15th defendants.
We are most obliged.
Signed: Kirimi Muturi for the Plaintiffs
Signed: Mwenda Mwarania Advocate for the 1st -12th defendants
2. The consent has properly been executed by the advocates who represented the parties.
3. The consent is hereby adopted as an order of this court.
4. By consent, the parties will come to court for directions on 4th October, 2021.
Delivered in open Court at Chuka the 15th day of June, 2021 in the presence of:
CA; Ndegwa
Kirimi Muturi for the Plaintiff
Mwenda Mwarania for the 1st to 6th Defendants
Kiongo for the 13th, 14th and 15th defendants
P. M. NJOROGE,
JUDGE.