[2017] KEELC 2121 (KLR)
The court found that the consent signed by both parties and their advocates was properly executed and binding. The defendant, as administrator of the estate, had the authority to transfer the specified portion of land to the plaintiff. The court adopted the consent as its judgment, marking the suit as settled and...
Source-derived case information.
- Citation
- [2017] KEELC 2121 (KLR)
- Parties
- Plaintiff: Silas Kimathi Mberia; Defendant: Elizabeth Nkatha M'Aritho
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 85 of 2016
- Procedural Posture
- Land and Property Suit / Judgment on Consent
- Outcome
- suit settled by consent; judgment entered as per consent
- Legal Topics
- Consent Judgment, Land Transfer, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Silas Kimathi Mberia
Plaintiff
Elizabeth Nkatha M'Aritho
Defendant
Procedural Posture
Land and Property Suit / Judgment on Consent
Legal Issues
- 1 Whether the consent entered into by the parties is valid and binding.
- 2 Whether the defendant, as administrator of the estate, should transfer 3 acres to the plaintiff as agreed.
Ratio Decidendi
The court found that the consent signed by both parties and their advocates was properly executed and binding. The defendant, as administrator of the estate, had the authority to transfer the specified portion of land to the plaintiff. The court adopted the consent as its judgment, marking the suit as settled and ordering that the executive officer be empowered to sign all necessary documents to effect the transfer. The court further ordered that each party bear their own costs, thereby concluding the matter in accordance with the parties' agreement.
Court Disposition
suit settled by consent; judgment entered as per consent
Orders
- Defendant to transfer 3 acres out of Land Parcel No. KIIRUA/RUIRI/865 to the plaintiff.
- Executive Officer of the court appointed and empowered to sign all necessary documents for subdivision and transfer of the 3 acres to the plaintiff.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
E&L NO. 85 OF 2016
SILAS KIMATHI MBERIA ..................................................PLAINTIFF
VERSUS
ELIZABETH NKATHA M'ARITHO..................................DEFENDANT
CONSENT/JUDGMENT
1. On 10. 04. 17 the advocates representing the parties and the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
CONSENT
(1) That the Defendant as the widow and the Administrator of the Estate of M' Aritho Kiua (deceased) to transfer 3 Acres out of Land Parcel No. KIIRUA/RUIRI/865 to the Plaintiff.
(2) That the Executive Officer of this Court be appointed and empowered to sign all the necessary documents leading to subdivision and transfer of the 3 Acres to the Plaintiff.
(3) That this suit be marked as settled.
2. I find that the Consent is properly signed and is binding upon the parties.
3. The Judgment is hereby entered in terms of the consent dated 10. 04. 17. The suit is marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 24TH DAY OF JULY, 2017
IN THE PRESENCE OF:-
C.A: Janet
Miss Muna h/b for Rimita for Defendant present
Nyenyire for the Plaintiff
HON. L. N. MBUGUA
ELC JUDGE