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ELCOtherMeru ELC Case (plaint dated 2nd May, 2013)· [2016] KEELC 1036 (KLR)

Mwamba M'marete v Julius Muguuku Mwamba [2016] KEELC 1036 (KLR)

Environment and Land Court
23 March 2016
PNP. M. Njoroge
281 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan family land dispute ended when both sides signed a court-approved agreement splitting two farms instead of continuing the eviction fight.

What this practically means

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Executive summary

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The plaintiff sued by plaint dated 2nd May, 2013 seeking an order of eviction of the defendant from land parcel No. ABOTHUGUCHI/KARIENE/38, costs of the suit, and any other relief. At a mention for directions on 23/3/2016 before the Environment and Land Court at Meru, the parties tendered a consent dated 23/3/2016 and asked the court to adopt its terms as its order. The consent, signed by the parties and their advocates, provided for the subdivision of land parcel No. Abothuguchi/Kariene/38 into three portions - ½ acre to the plaintiff Mwamba M'Marete, 1.45 acres to the defendant Julius Muguuku Mwamba, and 1.45 acres to James Kithinji Mwamba - and the subdivision of land parcel No. Abothuguchi/Kariene/311 into three portions - ½ acre to Mwamba M'Marete, 1 ½ acres to Julius Muguuku Mwamba, and 1 ½ acres to Daniel Kimathi Mwamba. It also provided that a mention date be given to effect the order and that each party bear their own costs. The court adopted the consent as an order, marked the suit as settled, and restrained the parties from returning to re-litigate the matters settled. The eviction claim was therefore not pursued; the suit was compromised on the consent terms. Delivered in open court at Meru on 23rd March, 2016 by P. M. Njoroge, J.

Key legal issues

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01

Adoption of a consent as an order of the court and its finality

Holding

The court adopted the parties' consent, marked the suit settled and barred re-litigation of the settled matters

Reasoning

The parties tendered a consent signed by themselves and their advocates at the mention for directions. The court adopted its terms as its order. Once adopted, the consent has the effect of a decree, finally disposing of the suit on the agreed terms of subdivision and transfer of the two parcels, with each party bearing their own costs.

p. 2

Legal principles established

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    Court orders

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    1. 1.The consent dated 23/3/2016 is adopted as an order of this court
    2. 2.Land parcel No. Abothuguchi/Kariene/38 to be sub-divided into 3 portions: ½ acre to Mwamba M'Marete (plaintiff), 1.45 acres to Julius Muguuku Mwamba (defendant), 1.45 acres to James Kithinji Mwamba
    3. 3.Land parcel No. Abothuguchi/Kariene/311 to be sub-divided into 3 portions: ½ acre to Mwamba M'Marete, 1 ½ acres to Julius Muguuku Mwamba, 1 ½ acres to Daniel Kimathi Mwamba
    4. 4.This suit is marked as settled and the parties may not come back to re-litigate the matters settled herein
    5. 5.Each party to bear their own costs
    Jurisdiction invoked
    Original jurisdiction over land disputes; consent judgment adopted as an order of the court

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Mwamba M'marete v Julius Muguuku Mwamba [2016] KEELC 1036 (KLR)", Case Analysis (2016). Meru ELC Case (plaint dated 2nd May, 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1036/eng@2016-03-23

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.