[2013] KEHC 935 (KLR)
The court found that the parties had freely entered into a consent judgment, which was clear in its terms: the defendant would pay Kshs.840,000 to the plaintiffs, who would in turn give vacant possession of the specified land parcel. The consent was adopted as the order of the court, settling the dispute...
Source-derived case information.
- Citation
- [2013] KEHC 935 (KLR)
- Parties
- Plaintiff: Victor Gitonga; Plaintiff: Nicholas Karani Gerald; Defendant: Francis Mbae Ndereba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 72 of 2012
- Procedural Posture
- Civil Case / Consent Judgment and Post Judgment Application
- Outcome
- Suit settled by consent; inhibition removed; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Vacant Possession, Removal of Inhibition, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Gitonga
Plaintiff
Nicholas Karani Gerald
Plaintiff
Francis Mbae Ndereba
Defendant
Procedural Posture
Civil Case / Consent Judgment and Post Judgment Application
Legal Issues
- 1 Whether the consent judgment between the parties should be adopted as an order of the court.
- 2 Whether the inhibition on the title to Land Parcel No. ABOGETA/LOWER-KIUNGONE/804 should be removed as sought in the ex-parte application.
Ratio Decidendi
The court found that the parties had freely entered into a consent judgment, which was clear in its terms: the defendant would pay Kshs.840,000 to the plaintiffs, who would in turn give vacant possession of the specified land parcel. The consent was adopted as the order of the court, settling the dispute conclusively. Subsequently, the court considered an ex-parte application for removal of inhibition on the title to the land, which was facilitative of the settlement. The court allowed the removal of inhibition, finding it necessary to effectuate the consent judgment and enable transfer of the property. No order as to costs was made, and the suit was marked as settled and conclusively...
Court Disposition
Suit settled by consent; inhibition removed; no order as to costs.
Orders
- The defendant shall pay the plaintiffs Kshs.840,000 all inclusive to enable them acquire alternative parcels of land.
- The plaintiffs shall give the defendant vacant possession of land parcel No. ABOGETA/U-KIUNGUNE/804 within ninety (90) days of payment, failing which they shall be forcefully evicted with the assistance of the O.C.S. Nkubu Police Station.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 72 OF 2012
VICTOR GITONGA................................................................................1ST PLAINTIFF
NICHOLAS KARANI GERALD....…...................................................2ND PLAINTIFF
VERSUS
FRANCIS MBAE NDEREBA.....................................................................DEFENDANT
CONSENT JUDGEMNET
The parties presented a consent dated 13. 8.2013 to the court which was in the following terms.
That the defendant do pay to the plaintiffs the sum of Kshs.840,000/= (Kenya Shillings Eight Hundred and Forty Thousand) only all inclusive to enable them acquire alternative parcels of land.
That the plaintiff's to give defendant vacant possession of land parcel No. ABOGETA/U- KIUNGUNE/804 within ninety (90) day of the payment of the agreed sum of Kshs.840,000/- (Kenya Shillings Eight Hundred and forty Thousand) and in default to be forcefully evicted therefrom with their siblings, agents, assigns and or employees or servants with the assistance of the Officer Commanding Police Station (O.C.S) Nkubu Police Station.
That this matter be marked as settled.
The consent has been adopted as the order of the Court.
On 28. 9.2013, an ex-parte application was heard before me which sought orders:
the matter be certified urgent and heard ex-parte.
That the Court do order removal of Inhibition on title to Land Parcel No. ABOGETA/LOWER-KIUNGONE/804
That Court do make other order for ends of justice.
That costs be provided for.
I allow prayer 2 for removal of Inhibition against title to Land Parcel No. ABOGETA/LOWER – KIUNGONE/804. I give no order as to costs. This application was heard exparte as it was merely facilitative.
Consequently, I order that this suit be deemed settled and conclusively determined. For avoidance of doubt, no orders as to costs have been granted.
Written, dated and delivered in Open Court this 27 th day of September, 2013 in the presence of:
Mwonjaru/Daniel
Muthomi for plaintiff's
P. M. NJOROGE
JUDGE