[2013] KEHC 4706 (KLR)
The court found that since the application was unopposed and merely sought to facilitate the implementation of an existing consent order, it was appropriate to grant the orders sought. The court exercised its authority to direct the Executive Officer to sign all relevant documents for the subdivision and transfer of...
Source-derived case information.
- Citation
- [2013] KEHC 4706 (KLR)
- Parties
- Plaintiff: Protasio Njeru; Defendant: Giciaro Estate Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 48 of 2008
- Procedural Posture
- Environment and Land Case / Ruling on Unopposed Application to Effectuate Consent Order
- Outcome
- Application allowed as prayed; facilitative orders granted to effectuate consent order.
- Judges
- FM Njoroge
- Legal Topics
- Consent Orders, Land Subdivision, Transfer of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protasio Njeru
Plaintiff
Giciaro Estate Ltd
Defendant
Procedural Posture
Environment and Land Case / Ruling on Unopposed Application to Effectuate Consent Order
Legal Issues
- 1 Whether facilitative orders should be granted to effectuate the terms of the consent order dated 3rd October 2005.
- 2 Whether the court should direct the Executive Officer to sign documents for subdivision and transfer of land.
- 3 Whether the Land Registrar should dispense with the original title when issuing new titles.
Ratio Decidendi
The court found that since the application was unopposed and merely sought to facilitate the implementation of an existing consent order, it was appropriate to grant the orders sought. The court exercised its authority to direct the Executive Officer to sign all relevant documents for the subdivision and transfer of the specified land parcel and directed the Land Registrar to dispense with the original title when issuing new titles. No order as to costs was made, reflecting the non-contentious nature of the application.
Court Disposition
Application allowed as prayed; facilitative orders granted to effectuate consent order.
Orders
- The Executive Officer of the court shall sign all relevant documents to effect the subdivision and transfer of Kirindine “A”/105 in terms of Clause 4 of the Consent Order dated 3rd October 2005.
- The Land Registrar, Igembe South, Maua, is directed to dispense with Title No. Kirindine “A”/105 when issuing new titles.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 48 of 2008 [if gte mso 9]><xml>
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PROTASIO NJERU.....................................................................................PLAINTIFF
VERSUS
GICIARO ESTATE LTD..............................................................................DEFENDANT
RULING
This application brought under a Certificate of Urgency is dated 21st February, 2013. The application merely seeks facilitative orders to effectuate terms of a Consent Order dated 3rd October, 2013.
The application is not opposed. It is, therefore, allowed in the following terms:
1. That the Executive Officer of this Court will sign all relevant documents to effect the subdivision and transfer of Kirindine “A”/105 in terms of Clause 4 of Consent Order dated 3. 10. 2005.
2. That the Land Registrar, Igembe South, Maua, is directed to dispense with Title No. Kirindine “A”/105 when issuing new titles.
I grant no orders as to costs in respect of this application.
WRITTEN AND DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF MARCH 2013.
P.M. NJOROGE
JUDGE
Present: C. Kariuki for plaintiff/applicant
Nyaga Kamunde for respondent Absent
Cc. Mwonjaru.
P.M. NJOROGE
JUDGE
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