[2017] KEELC 2144 (KLR)
The court found that the consent entered into by the parties on 11th July 2017 was properly signed, binding, and reflected the agreement of all parties present. The consent addressed the transfer of half an acre from the 1st defendant to the plaintiff, preserved the 2nd defendant's share, and provided for execution...
Source-derived case information.
- Citation
- [2017] KEELC 2144 (KLR)
- Parties
- Plaintiff: Tabitha Kathambi Mbaabu; Defendant: Geofrey Murithi M'Ithima; Defendant: David Kiogora M'Ithima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 230 of 2016
- Procedural Posture
- Land and Property Suit / Consent Judgment
- Outcome
- suit settled by consent judgment
- Legal Topics
- Land Transfer, Consent Judgment, Specific Performance, Land Control Board, Title Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Kathambi Mbaabu
Plaintiff
Geofrey Murithi M'Ithima
Defendant
David Kiogora M'Ithima
Defendant
Procedural Posture
Land and Property Suit / Consent Judgment
Legal Issues
- 1 Whether the consent between the parties regarding the transfer of land is valid and enforceable.
- 2 Whether the court should adopt the consent as its judgment.
Ratio Decidendi
The court found that the consent entered into by the parties on 11th July 2017 was properly signed, binding, and reflected the agreement of all parties present. The consent addressed the transfer of half an acre from the 1st defendant to the plaintiff, preserved the 2nd defendant's share, and provided for execution by the Deputy Registrar if any party refused to sign. The court, satisfied with the validity and voluntariness of the consent, adopted it as its judgment, thereby settling the suit.
Court Disposition
suit settled by consent judgment
Orders
- The 1st defendant shall transfer half an acre from parcel No. Abogeta/L-Chure/307 to the plaintiff as per the agreement dated 29th August, 2016.
- The 2nd defendant's share shall remain intact as reflected in the title.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO 230 OF 2016
TABITHA KATHAMBI MBAABU ...........................................................PLAINTIFF
VERSUS
GEOFREY MURITHI M'ITHIMA ...............................................1ST DEFENDANT
DAVID KIOGORA M'ITHIMA.....................................................2ND DEFENDANT
CONSENT/JUDGMENT
1. On 11/07/2017, the Advocate representing the Defendants and the Plaintiff in person, in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
CONSENT
(1) By consent the 1st defendant do transfer 1/2(half) acre from parcel No. Abogeta/L-Chure/307 to the plaintiff being the share he had sold to her vide agreement dated 29th August, 2016.
(2) That the 2nd defendants share to remain intact as if it is in the title.
(3) That the signing of the execution process by the 2nd defendant and his attendance at the Land Control Board be disposed with since his share is not affected.
(4) That the Plaintiff to pay the 1st defendant his remaining balance during the attendance of the land control board.
(5) That if any party refuses to sign any papers to effect the transfer herein the Deputy Registrar Meru Law Courts do execute /effect the same.
(6) That each party to bear his/her own costs.
2. I find that the Consent is properly signed and is binding upon the parties.
3. Having read the Consent of 21. 2.17 and the amended one of 11. 7.17 to the parties present, who are in agreement with the contents, then the Consent of 11th July, 2017 is hereby adopted as a Judgment of the Court. Suit marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 11TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
C.A: Janet
Defendants present
Plaintiff present
HON. L. N. MBUGUA
ELC JUDGE