[2015] KEHC 1239 (KLR)
The court adopted the consent presented by the parties, which granted the plaintiff access to her matrimonial home, tea bushes she previously managed, and her cows. The defendants undertook to abide by the terms of the consent. The court found that, in light of the parties' agreement, the issues raised in the...
Source-derived case information.
- Citation
- [2015] KEHC 1239 (KLR)
- Parties
- Plaintiff: Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi); Defendant: Washington Rwigi; Defendant: Humphrey Muchiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 67 of 2015
- Procedural Posture
- Environment and Land Case / Interlocutory Application; Adoption of Consent Order
- Outcome
- Consent adopted as order of the court; plaintiff granted access to matrimonial home, tea bushes, and cows; further directions to be given at next mention.
- Legal Topics
- Injunctions, Matrimonial Property, Possession and Access, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi)
Plaintiff
Washington Rwigi
Defendant
Humphrey Muchiri
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application; Adoption of Consent Order
Legal Issues
- 1 Whether the plaintiff is entitled to restraining and injunctive orders against the defendants regarding specified land parcels and property.
- 2 Whether the plaintiff should have access to her matrimonial home, cows, and tea bushes pending determination of the suit.
- 3 Whether the consent presented by the parties should be adopted as an order of the court.
Ratio Decidendi
The court adopted the consent presented by the parties, which granted the plaintiff access to her matrimonial home, tea bushes she previously managed, and her cows. The defendants undertook to abide by the terms of the consent. The court found that, in light of the parties' agreement, the issues raised in the application for restraining and injunctive orders were addressed by the consent, and thus the consent was made an order of the court. The matter was set for mention for further directions regarding the final settlement of the application.
Court Disposition
Consent adopted as order of the court; plaintiff granted access to matrimonial home, tea bushes, and cows; further directions to be given at next mention.
Orders
- The plaintiff shall have access to her matrimonial home and the tea bushes she used to take care of during her late husband’s life.
- The plaintiff shall have access to her property, including her cows.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT & LAND CASE NO 67 OF 2015
ROSALID JULIA NGUGI MURUNGI (ON BEHALF OF
DECEASED ESTATE OF JAMLICK NJAGI).....................PLAINTIFF
VERSUS
WASHINGTON RWIGI .....................................................1ST DEFENDANT
HUMPREYMUCHIRI............................................................2ND DEFENDANT
RULING
This application dated 06/08/2015, cited to have been filed under the provisions of the law mentioned on its face, seeks orders that:-
The Honourable Court be pleased to issue restraining orders against the 1st defendant and injunct him from interfering or entering in the land parcels of MAGUMONI/THUITA/4224, 2095 2181 & 4236 and further restrain him from picking tea leaves, collecting rent and interfering with a posho mills(sic) all on parcel land MAGUMONI/THUITA/4243,2095,2181 & 4236 until this application is heard and determined and until further orders of this Honourable Court.
The Honourable Court be pleased to restrain the 1st & 2nd defendants from taking over the cows of the applicant and further restraining them from taking over her matrimonial house.
Costs of this application to be paid by the respondents.
The application is supported by the affidavit of the Plaintiff/Applicant and has the following grounds:-
The 1st defendant chased away the workers of the applicant from the tea farm and started picking tea with his own workers for his own benefit.
The 1st defendant took the applicant (sic)water tank and chased away tenants and replaced them with his own.
The defendants chased away the applicant from her matrimonial home and took away house keys and locked away her clothes, utensils, furniture and all documents.
On 06/10/2015, the parties through their Advocates presented a consent which they urged the Court to adopt as its order. The Consent is in the following terms:-
“We have agreed:
Plaintiff do have access to her matrimonial home and the tea bushes she used to take care of during her late husband’s life.
The Plaintiff to have access to her property, including her cows”.
The defendants undertook before Court to abide by the provisions of the Consent. In the circumstances, this Consent is adopted as an order of this Court.
Parties will come back to Court on 29/10/2015 for further directions when they will agree or not agree regarding the issue of having the application dated 6/8/2015 being marked as settled.
Delivered in open Court at Meru this 6th day of October, 2015 in the presence of :-
CC: Daniel /Lilian.
Kirima for the Plaintiff.
Kijaru for Defendants.
P.M.NJOROGE
JUDGE