[2013] KEHC 5646 (KLR)
The court found that the consent signed by both parties and their advocates, which provided for the District Physical Planning Officer to visit the disputed plots, ascertain their respective beacons, and file a report, was proper and in accordance with the law. There being no objection from either party, and the...
Source-derived case information.
- Citation
- [2013] KEHC 5646 (KLR)
- Parties
- Plaintiff: Stephen Mwebia Marete; Defendant: Silas Mwiti Munyua; Defendant: Isaack Kinyua Kiara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2013
- Procedural Posture
- Land and Environment Case / Ruling on Adoption of Consent
- Outcome
- Consent adopted as order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Boundary Disputes, Beacon Ascertainment, Court Adopted Consents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mwebia Marete
Plaintiff
Silas Mwiti Munyua
Defendant
Isaack Kinyua Kiara
Defendant
Procedural Posture
Land and Environment Case / Ruling on Adoption of Consent
Legal Issues
- 1 Whether the consent between the parties regarding the ascertainment of beacons should be adopted as an order of the court.
Ratio Decidendi
The court found that the consent signed by both parties and their advocates, which provided for the District Physical Planning Officer to visit the disputed plots, ascertain their respective beacons, and file a report, was proper and in accordance with the law. There being no objection from either party, and the consent not being contrary to public policy or the law, the court adopted the consent as an order. The parties were directed to share the costs of the officer's visit as agreed.
Court Disposition
Consent adopted as order of the court.
Orders
- The District Physical Planning Officer, Meru County, shall visit Plots Nos. 290 and 166 Nkubu Market and ascertain their respective beacons.
- The District Physical Planning Officer shall file a report with the court within 30 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN TH EHIGH COURT OF KENYA AT MERU
ELC NO. 125 OF 2013
STEPHEN MWEBIA MARETE............................................................PLAINTIFF
VERSUS
SILAS MWITI MUNYUA..................................................................1ST DEFENDANT
ISAACK KINYUA KIARA................................................................2ND DEFENDANT
RULING
Advocate Mwirigi Kaburu for plaintiff/applicant and Advocate Gichunge Muthuri for defendants/respondents brought to Court for adoption a consent dated 28. 6.2013 and signed by both of their clients for their clients. The consent was in the following terms:
“By consent, the District Physical Planning Officer, Meru Country do visit Plots Nos.290 and 166 Nkubu Market and ascertain their respective beacons and file a report with the honourable Court within 30 days. Parties to share costs for the said visit.”
The consent is adopted as an order of the Court.
Delivered and Signed at Meru this 28th day of June, 2013 in the presence of:
Cc Daniel
Mwiring for Plaintiff/|Applicant
Gichunge for Defendants/Respondents
P. M. NJOROGE
JUDGE