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ELCOtherPlaint dated 5th August 2013 (Meru)· [2016] KEELC 1273 (KLR)

Mary Mwari Andrew & 2 others v Angelina Keeja Kinyua [2016] KEELC 1273 (KLR)

High Court of Kenya
14 September 2016
PNP. M. Njoroge
291 words in judgment
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The bottom line

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A family land dispute in Meru ended in a negotiated split: the court adopted the parties' consent, dividing the land among eight people and lifting restrictions on dealings.

What this practically means

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Executive summary

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The plaintiffs, by a plaint dated 5th August 2013, sought an order compelling the defendant to subdivide land parcel L. No. ABOTHUGUCHI/GAITU/109 into seven equal shares for named persons, together with costs and any other relief. On 7th September 2016, before the matter proceeded to trial, the parties proffered a consent signed by counsel for the plaintiffs and by the defendant herself. The consent provided that the suit be withdrawn with no order as to costs; that the suit land be divided among eight named persons - Angeline Keeja Kinyua, Julius Kijogi Nabe, Lewis Murugu Nabea and Julia Kinya Kimathi each receiving 3½ acres, and Mary Mwari Andrew, Margaret Kanuu Mwanja, Harriet Mugure Samwel and Solomon Mwenda Mworia each receiving 1 acre; and that the orders of inhibition issued on 7th August 2013 over the suit land be lifted and/or discharged. Njoroge J adopted the consent as an order of the Court on 14th September 2016, marked the suit as settled, and cautioned the parties that they may not bring back to Court matters conclusively determined by the judgment. No costs were awarded, in line with the consent. The judgment was delivered in open court at Meru with Rimita h/b Gichunge for the plaintiffs and the defendant present in person.

Key legal issues

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01

Adoption of a consent as an order of the Court

Holding

The consent signed by counsel for the plaintiffs and the defendant was adopted as an order of the Court, settling the division of the suit land and lifting the inhibition

Reasoning

The parties proffered a consent signed by the representative of Gichunge Muthuri & Co. Advocates for the plaintiffs and by the defendant herself. The court adopted it as its order, gave effect to the agreed division of LR. No. ABOTHUGUCHI/GAITU/109 among eight named persons, discharged the inhibition of 07/08/2013, and marked the suit as settled with no order as to costs.

p. 2

Legal principles established

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  • A consent duly recorded by the parties and adopted as an order of the Court conclusively determines the matters covered by it, and parties may not relitigate them

Court orders

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  1. 1.The consent of 07/09/2016 is adopted as an order of the Court
  2. 2.Land parcel LR. No. ABOTHUGUCHI/GAITU/109 to be divided: Angeline Keeja Kinyua 3½ acres, Julius Kijogi Nabe 3½ acres, Lewis Murugu Nabea 3½ acres, Julia Kinya Kimathi 3½ acres, Mary Mwari Andrew 1 acre, Margaret Kanuu Mwanja 1 acre, Harriet Mugure Samwel 1 acre, Solomon Mwenda Mworia 1 acre
  3. 3.Orders of inhibition issued on 07/08/2013 over LR. No. ABOTHUGUCHI/GAITU/109 are lifted and/or discharged
  4. 4.The suit is marked as settled under the consent terms, which provide that it be withdrawn with no order as to costs
Jurisdiction invoked
Original civil jurisdiction over land disputes; suit resolved by consent of the parties 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, "Mary Mwari Andrew & 2 others v Angelina Keeja Kinyua [2016] KEELC 1273 (KLR)", Case Analysis (2016). Plaint dated 5th August 2013 (Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1273/eng@2016-09-14

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