[2013] KEHC 928 (KLR)
The court adopted the consent presented by the parties as an order of the court, finding that the consent was freely entered into and addressed all issues in dispute. The consent provided for the transfer of one acre to the 1st plaintiff and 0.30 acres to the 2nd plaintiff from the defendant's land, subject to the...
Source-derived case information.
- Citation
- [2013] KEHC 928 (KLR)
- Parties
- Plaintiff: Simon Mworia Anampiu; Plaintiff: Salesio Miriti M'Minyori; Defendant: M'Alaine Mburutha Samuel alias Alaine M'Purutha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 182 of 2013
- Procedural Posture
- Land and Environment Case / Judgment on Consent
- Outcome
- Suit marked as settled by consent; consent adopted as order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Consent Judgment, Land Transfer, Specific Performance, Sale of Land, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Mworia Anampiu
Plaintiff
Salesio Miriti M'Minyori
Plaintiff
M'Alaine Mburutha Samuel alias Alaine M'Purutha
Defendant
Procedural Posture
Land and Environment Case / Judgment on Consent
Legal Issues
- 1 Whether the consent between the parties should be adopted as an order of the court.
- 2 Whether the plaintiffs are entitled to transfer of specified portions of land from the defendant as per the consent.
- 3 Whether the 2nd plaintiff is required to pay the balance of consideration upon registration of transfer.
Ratio Decidendi
The court adopted the consent presented by the parties as an order of the court, finding that the consent was freely entered into and addressed all issues in dispute. The consent provided for the transfer of one acre to the 1st plaintiff and 0.30 acres to the 2nd plaintiff from the defendant's land, subject to the defendant obtaining the original or replacement title deed. The 2nd plaintiff was to pay the balance of Kshs. 20,000 upon registration of the transfer. Costs were to be shared equally, with the defendant paying half, as agreed or to be taxed. The suit was marked as settled on these terms.
Court Disposition
Suit marked as settled by consent; consent adopted as order of the court.
Orders
- Judgment entered for the plaintiffs against the defendant as per prayer (a) of the plaint.
- Defendant to transfer 1 acre to the 1st plaintiff and 0.30 acres to the 2nd plaintiff from L.R. NO. TIGANIA/THANANGA/284 within 30 days of receiving the original or replacement title deed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 182 OF 2013
SIMON MWORIA ANAMPIU.............. ................................................1ST PLAINTIFF
SALESIO MIRITI M'MINYORI............................................................2ND PLAINTIFF
VS
M'ALAINE MBURUTHA SAMUEL ALIAS
ALAINE M'PURUTHA.................................................. RESPONDENT/DEFENDANT
J U D G M E N T
The parties presented a consent dated 13th day of September 2013 for adoption as an order of the Court. The consent was in the following terms:
Judgment be and is hereby entered for the plaintiffs against the defendant as per prayer (a) of the plaint dated 10. 07. 2013, which is admitted at paragraphs 1 and 2 of the statement of defence dated 20. 08. 2013.
The defendant shall transfer one (01) acre of land to the 1st plaintiff and 0. 30 of an acre to the 2nd plaintiff both to be excised from the defendant's L. R. NO. TIGANIA/THANANGA/284, measuring about 5. 2 hectares, within (30) days from the date the defendant receives the original title deed in respect of his afore-said parcel of land, either upon hearing and determination of Tigania P. M.C.CR.C. NO. 474 of 2013, or upon reconciliation in the same Tigania P. M.C.CR.C. NO. 474 of 2013, or in case the said original title deed is lost, upon issuance of another fresh title deed.
The 2nd plaintiff shall pay to the defendant the balance of the consideration of Kshs.20,000/= upon registration of the transfer documents in favour of the 2nd plaintiff, in terms of clause No. 3 of the sale agreement dated 14. 01. 2013.
the defendant shall pay the plaintiffs a half (½) of the costs of this case, which shall be agreed upon between the parties or if no agreement is reached, be taxed by the court in the normal way.
We so consent.
Signed: 1. Simon Mworia Anampiu – ID.[particulars withheld] (1st plaintiff),
2. Salesio Miriti M'Minyori - ID [particulars withheld] (2nd plaintiff); and thumbprinted,
3. M'alaine Mburutha alias Alaine M'Purutha Id.[particulars withheld] (Defendant).
The consent is adopted as an order of the Court. This suit is marked as settled.
Delivered in open court at Meru this 16th day of September, 2013.
In the presence of:
Cc Daniel
Miss Nyaga h/b Carl Peters Mbaabu for 1st and 2nd Plaintiffs
M'Alaine Mpurutha – defendant
P. M. NJOROGE
JUDGE