Bernard Mugambi M’Mpwi v Impwi Ikiuru [2017] KEELC 208 (KLR)

Environment and Land Court

20 September 2017

LML. N. Mbugua

192 words in judgment

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The bottom line

A Kenyan land court turned a family's written agreement on sharing three land parcels into a binding judgment, after confirming the defendant agreed.

What this practically means

Executive summary

This is a consent judgment of the Environment and Land Court at Meru in an original land dispute between Bernard Mugambi M'Mpwi (plaintiff) and Impwi Ikiuru (defendant), ELC Case No. 218 of 2016. On 01.12.2016 the plaintiff's advocate and the plaintiff in person proffered a consent allocating three parcels of land between the parties: NJIA/BURIERURI/2529 (0.10 acres) to be shared equally at 0.05 acres each; NJIA/CIAMWENDWA/253 (4.2 acres) with 0.52 acres to the plaintiff and the balance to the defendant; and NJIA/KIEGOI/396 with 0.88 acres to the plaintiff and the balance to the defendant. The consent was filed in court on 26.01.2017. The court explained the contents of the consent to the defendant in the Kimeru language, and the defendant confirmed his agreement in open court. The court thereupon entered consent judgment in terms of the consent filed on 26.01.2017, marked the suit as settled, and ordered the parties to bear their own costs. The judgment was delivered in open court at Meru on 20 September 2017 by Hon. L. N. Mbugua, ELC Judge, in the presence of the court assistant Janet Kimathi and the plaintiff in person. No authorities or statutes were cited, and no contested findings of fact or law were made; the disposition rests entirely on the parties' consent as confirmed by the defendant.

Key legal issues

Adoption of a consent filed by the parties as a judgment of the court

Holding

The court entered consent judgment in terms of the consent filed on 26.01.17 after confirming, in the Kimeru language, that the defendant agreed to its contents.

Reasoning

The plaintiff, through counsel and in person, and the defendant proffered a consent apportioning three parcels of land between them. The court explained the consent's contents to the defendant in Kimeru in open court, and the defendant confirmed agreement. The court then adopted the consent as its judgment, marked the suit settled and ordered each party to bear own costs.

p. 1

Legal principles established

A consent between parties, once explained to and confirmed by the parties in court, may be adopted as a consent judgment.

Court orders

1.Consent Judgment entered in terms of the consent filed in Court on 26.01.17, apportioning NJIA/BURIERURI/2529 (0.05 acres each), NJIA/CIAMWENDWA/253 (0.52 acres to the plaintiff, balance to the defendant) and NJIA/KIEGOI/396 (0.88 acres to the plaintiff, balance to the defendant)
2.The suit is marked as settled
3.Each party to bear their own costs

Jurisdiction invoked: Original jurisdiction of the Environment and Land Court over land disputes; consent of parties adopted as judgment

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Bernard Mugambi M’Mpwi v Impwi Ikiuru [2017] KEELC 208 (KLR)", Case Analysis (2017). ELC Case No. 218 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/208/eng@2017-09-20

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