[2017] KEELC 159 (KLR)
The court found that the consent entered into by the parties was properly signed and binding. The consent resolved the dispute regarding the acquisition of title by adverse possession, and the court adopted it as its judgment. The application dated 20.04.17 was abandoned in view of the consent, and the court ordered...
Source-derived case information.
- Citation
- [2017] KEELC 159 (KLR)
- Parties
- Plaintiff: Samuel Lenges Lesariyo; Defendant: Pierina Kajera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 126 of 2017
- Procedural Posture
- Originating Summons / Consent Judgment
- Outcome
- consent_judgment_entered
- Legal Topics
- Adverse Possession, Land Transfer, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Lenges Lesariyo
Plaintiff
Pierina Kajera
Defendant
Procedural Posture
Originating Summons / Consent Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to acquisition of title to LR. No. Nyayo Settlement Scheme/1057 by adverse possession.
- 2 Whether the consent entered by the parties should be adopted as the judgment of the court.
Ratio Decidendi
The court found that the consent entered into by the parties was properly signed and binding. The consent resolved the dispute regarding the acquisition of title by adverse possession, and the court adopted it as its judgment. The application dated 20.04.17 was abandoned in view of the consent, and the court ordered the defendant to transfer the specified land parcel to the plaintiff forthwith, with each party bearing their own costs.
Court Disposition
consent_judgment_entered
Orders
- The Defendant is to transfer land parcel No. Nyayo Settlement Scheme/1057 measuring 1.40 acres to the Plaintiff forthwith.
- Matter to be mentioned after 30 days to confirm compliance.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC SUIT NO 126 OF 2017 (OS)
IN THE MATTER OF ACQUISITION OF TITLE BY ADVERSE POSSESSION BEING LR. NO. NYAYO SETTLEMENT SCHEME/1057
AND
IN THE MATTER OF ORDER 37 RULE 7 OF THE CIVIL PROCEDURE RULES, 2010
BETWEEN
SAMUEL LENGES LESARIYO ………………………………………………..PLAINTIFF
VS
PIERINA KAJERA…………………………………………………………….DEFENDANT
CONSENT/JUDGMENT
1. On 25. 09. 17, the advocates for the plaintiff/Applicant and the Defendant in this matter proffered the following Consent, which they asked the Court to adopt as its Judgment.
"BY CONSENT
1) The Defendant is to transfer land parcel No. Nyayo Settlement Scheme/1057 measuring 1. 40 acres to the Plaintiff forthwith.
2) Matter to be mentioned after 30 days to confirm compliance.
3) Each party to bear own costs.
4) Mention on 01. 11. 17.
2. Application of 20. 04. 17 is hereby abandoned in view of the consent.
3. I find that the Consent is properly signed and is binding upon the parties.
4. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MERU THIS 25TH DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
M.Kariuki Advocate for Plaintiff/Applicant
Defendant Present
HON. L. N. MBUGUA
ELC JUDGE