[2016] KEHC 598 (KLR)
The court found that the consent signed by the parties' advocates was properly executed and binding. Accordingly, the court adopted the consent as its order, directing the County Surveyor to visit the disputed parcels of land, determine their area, ownership, and whether a public access road has been encroached upon...
Source-derived case information.
- Citation
- [2016] KEHC 598 (KLR)
- Parties
- Plaintiff: Sussy Ruguru Nkanata; Plaintiff: Jane Kinanu Kirimi; Plaintiff: Winfred Kanario Kirimi; Defendant: Silas Kirimi Nkanata; Defendant: David Kibang'a Mbogori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 54 of 2012
- Procedural Posture
- Civil Suit / Ruling on Consent and Directions
- Outcome
- Consent adopted as order of the court; directions issued for survey and reporting.
- Judges
- FM Njoroge
- Legal Topics
- Land Survey, Public Access Road, Ownership Determination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sussy Ruguru Nkanata
Plaintiff
Jane Kinanu Kirimi
Plaintiff
Winfred Kanario Kirimi
Plaintiff
Silas Kirimi Nkanata
Defendant
David Kibang'a Mbogori
Defendant
Procedural Posture
Civil Suit / Ruling on Consent and Directions
Legal Issues
- 1 Whether the disputed land is private property or a public access road.
- 2 Whether there has been encroachment by either plaintiffs or defendants on a public road of access.
- 3 How the area and ownership of the parcels LR NOS. NKUENE/URUKU/1979 and 1980 should be determined.
Ratio Decidendi
The court found that the consent signed by the parties' advocates was properly executed and binding. Accordingly, the court adopted the consent as its order, directing the County Surveyor to visit the disputed parcels of land, determine their area, ownership, and whether a public access road has been encroached upon by either party. The court further ordered that the costs of the survey be shared equally and set timelines for the surveyor's report and further directions. The decision rests on the enforceability of consent orders and the need for expert determination to resolve the factual dispute regarding the nature and boundaries of the land in question.
Court Disposition
Consent adopted as order of the court; directions issued for survey and reporting.
Orders
- The consent dated 23/11/2016 is adopted as an order of the court.
- The County Surveyor, Meru County, shall visit LR NOS. NKUENE/URUKU/1979 and 1980 to determine the area, ownership, and whether a public access road has been encroached upon by either party.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCC NO 54 OF 2012
SUSSY RUGURU NKANATA................................................1ST PLAINTIFF
JANE KINANU KIRIMI...........................................................2ND PLAINTIFF
WINFRED KANARIO KIRIMI................................................3RD PLAINTIFF
VERSUS
SILAS KIRIMI NKANATA.....................................................1ST DEFENDANT
DAVID KIBANG'A MBOGORI............................................2ND DEFENDANT
R U L I N G
1. On 23/11/2016, the advocates representing the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's order.
CONSENT
“By consent the Applicants/ Defendants herein and the Respondents/Plaintiffs herein agree that a surveyor visit the land in dispute in order to make a determination as to the area of the land and its nature as private property or public access road and make areport to the court in order to assist it to make a determination regarding the application dated 3rd November, 2016 that is before it. Costs will be borne equally by both parties”.
2. I find that the Consent is properly signed and is binding upon the parties.
3. The consent is adopted as an order of this Court.
4. The County Surveyor, Meru County, is directed to visit LR NOS. NKUENE/URUKU/1979 and 1980 and to make a determination as to the area of the parcels of land, their ownership and if or not a public road of access has been encroached upon by the plaintiffs or by the defendants.
5. Parties shall share the costs equally.
6. Parties to move the County Surveyor Appropriately.
7. The County Surveyor to file his report within the next 45 days.
8. Parties to come to court for directions on 8/2/2017.
9. It is so ordered .
DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-
C.A James
Kiogora for the plaintiffs
Nyauchi for the Defendants
P.M. NJOROGE
JUDGE