[2013] KEHC 5975 (KLR)
The court adopted the consent agreement presented by the parties as the operative resolution of the dispute. The consent provided that the interested party, Julius Muthuro Nkoroi, is to receive 2.5 acres from Parcel No. KIAMURI “A”/64, currently registered in the name of the applicant, Jeremiah Mungania Ayub. The...
Source-derived case information.
- Citation
- [2013] KEHC 5975 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Disputes Tribunal Meru Central District; Interested Party: Julius Muthuro Nkoroi; Applicant: Jeremiah Mungania Ayub; Applicant: Salesio Mboronyo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 41 of 2011
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- suit settled by consent
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Land Disputes, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Disputes Tribunal Meru Central District
Respondent
Julius Muthuro Nkoroi
Interested Party
Jeremiah Mungania Ayub
Applicant
Salesio Mboronyo
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the consent agreement between the ex-parte applicant and the interested party should be adopted as an order of the court.
- 2 Whether the interested party is entitled to 2.5 acres from Parcel No. KIAMURI “A”/64 registered in the applicant's name.
- 3 Whether each party should bear its own costs.
Ratio Decidendi
The court adopted the consent agreement presented by the parties as the operative resolution of the dispute. The consent provided that the interested party, Julius Muthuro Nkoroi, is to receive 2.5 acres from Parcel No. KIAMURI “A”/64, currently registered in the name of the applicant, Jeremiah Mungania Ayub. The applicant is required to sign all necessary documents to effect the transfer. Each party is to bear its own costs. The court found no reason to withhold adoption of the consent, as it was voluntarily entered into by the parties and did not contravene any law or public policy. The suit was accordingly marked as settled.
Court Disposition
suit settled by consent
Orders
- The interested party Julius Muthuro Nkoroi to get 2.5 acres from Parcel No. KIAMURI “A”/64 registered in the name of the applicant Jeremiah Mungania Ayub.
- The applicant to sign all necessary documents to effect the transfer.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO. 41 OF 2011
IN THE MATTER OF AN APPLICATION FOR ORDERS OF JUDICIAL REVIEW (CERTIORARI AND PROHIBITION)
AND
IN THE MATTER OF LDT NO.35 OVER L. B. KIAMURI A/64
BETWEEN
REPUBLIC..............................................................................................APPLICANT
VERSUS
LAND DISPUTES TRIBUNALMERU CENTRAL DISTRICT..............RESPONDENT
JULIUS MUTHURO NKOROI.....................................................INTERESTED PARTY
EXPARTE
JEREMIAH MUNGANIA AYUB
SALESIO MBORONYO
JUDGEMENT
On 30. 5.2013, the three advocates representing the parties presented a consent agreement between the Ex-Parte Applicant and the Interested Party.
The Court hereby adopts the consent terms as orders of the Court as follows:
The Interested Party Julius Muthuro Nkoroi to get 2½ acres from Parcel No. KIAMURI “A”/64 registered in the name of the applicant Jeremiah Mungania Ayub.
The Applicant to sign all the necessary documents to effect the transfer.
Each Party to bear its own costs.
The suit is marked as settled.
This is the judgment of this Court. It is so ordered.
DELIVERED AND SIGNED IN OPEN COURT AT MERU THIS 30TH DAY OF MAY, 2013 IN THE PRESENCE OF:
Cc Daniel
Kariuki for Exparte Applicant
Menge for Respondent/Applicant
Gikunda Miriti for Interested Party
P. M. NJOROGE
JUDGE