[2017] KEELC 2150 (KLR)
The court found that the consent signed by the parties' advocates was properly executed, binding, and reflected the agreement of all parties present. There was no evidence of fraud, coercion, or illegality. The court therefore adopted the consent as its judgment, ordering the refund of Kshs. 1,500,000 to the...
Source-derived case information.
- Citation
- [2017] KEELC 2150 (KLR)
- Parties
- Plaintiff: Sussy Ruguru Nkanata; Plaintiff: Jane Kinanu Kirimi; Plaintiff: Winfred Kanario Kirimi; Defendant: Silas Kirimi Nkanata; Defendant: David Kibang'a Mbogori
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 54 of 2012
- Procedural Posture
- Civil Suit / Consent Judgment
- Outcome
- consent judgment entered; matter settled and withdrawn
- Legal Topics
- Land Sale Disputes, Refund of Purchase Price, Consent Judgment
- 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
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 / Consent Judgment
Legal Issues
- 1 Whether the parties have reached a binding consent to settle the dispute regarding LR. NO. NTIMA/NTAKIRA/4375.
- 2 Whether the consent should be adopted as the judgment of the court.
- 3 Whether the orders of inhibition on the subject land should be lifted.
Ratio Decidendi
The court found that the consent signed by the parties' advocates was properly executed, binding, and reflected the agreement of all parties present. There was no evidence of fraud, coercion, or illegality. The court therefore adopted the consent as its judgment, ordering the refund of Kshs. 1,500,000 to the plaintiffs, lifting the inhibition on the subject land, and marking the matter as settled with each party bearing its own costs.
Court Disposition
consent judgment entered; matter settled and withdrawn
Orders
- The defendants shall refund the plaintiffs Kshs. 1,500,000 as consideration for the purchase of LR. NO. NTIMA/NTAKIRA/4375 and other costs, all inclusive.
- The orders of inhibition placed on LR. NO. NTIMA/NTAKIRA/4375 are lifted, vacated, and/or set aside.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT 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
CONSENT/JUDGMENT
1. On 10/07/2017, the advocates representing the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
CONSENT
1. By Consent the defendants refunds the plaintiff's consideration for the purchase of land parcel LR. NO. NTIMA/NTAKIRA/4375 and other costs of Kshs. 1, 500,000/= (One Million Five Hundred Thousand Shillings Only) all inclusive.
2. THAT orders of inhibition placed on the subject land parcels LR. NO. NTIMA/NTAKIRA/4375 be lifted, vacated and/or set aside.
3. THAT this matter be deemed as settled and/or withdrawn with each party bearing its own costs.
2. I find that the Consent is properly signed and is binding upon the parties.
3. Having read the Consent of 10:07:17 to the parties present who are in agreement with its contents, then the Consent of 10:07:17 is hereby adopted as a Judgment of the Court.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
C.A: Janet
Kithinji for the Plaintiff
D. Rimita h/b for E:G. Mwangi for Defendant Present
Plaintiff present
HON. L. N. MBUGUA
ELC JUDGE