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ELCOtherELC Case No 230 of 2016· [2017] KEELC 2144 (KLR)
Tabitha Kathambi Mbaabu v Geofrey Murithi M'Ithima & another [2017] KEELC 2144 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A signed out-of-court land sale settlement became a binding court judgment, forcing transfer of half an acre once the buyer paid the balance.
What this practically means
#Executive summary
#This was a consent judgment in a land suit before the Environment and Land Court at Meru, in which the plaintiff, Tabitha Kathambi Mbaabu, sued Geofrey Murithi M'ithima and David Kiogora M'ithima over a sale of land. On 11th July 2017, the advocate representing the defendants and the plaintiff, acting in person, proffered a consent and asked the court to adopt it as its judgment. The consent provided that the 1st defendant would transfer half an 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; that the 2nd defendant's share would remain intact as if it were in the title; that the 2nd defendant's signing of the execution process and attendance at the Land Control Board would be dispensed with since his share was unaffected; that the plaintiff would pay the 1st defendant the remaining balance during attendance at the Land Control Board; and that if any party refused to sign papers to effect the transfer, the Deputy Registrar, Meru Law Courts would execute the same. The court read the earlier consent of 21.2.17 and the amended one of 11.7.17 to the parties present, who agreed with the contents, found the consent properly signed and binding, adopted it as a judgment of the Court, marked the suit as settled, and ordered each party to bear their own costs.
Key legal issues
#01
Whether the consent of 11th July 2017 should be adopted as a judgment of the Court
Holding
The court found the consent properly signed and binding and adopted it as a judgment, marking the suit as settled
Reasoning
The advocate for the defendants and the plaintiff in person proffered the consent and asked the court to adopt it as its judgment. The court read the consent of 21.2.17 and the amended one of 11.7.17 to the parties present, who were in agreement with its contents, and found it properly signed and binding, adopting it as judgment of the Court.
p. 1
Legal principles established
#- A consent properly signed by the parties is binding upon them and may be adopted as a judgment of the Court
Court orders
#- 1.Adoption of the consent dated 11th July 2017 as a judgment of the Court
- 2.The 1st defendant to transfer 1/2 (half) acre from parcel No. Abogeta/L-Chure/307 to the plaintiff, being the share sold to her vide agreement dated 29th August 2016
- 3.The 2nd defendant's share to remain intact as if it is in the title
- 4.Signing of the execution process by the 2nd defendant and his attendance at the Land Control Board dispensed with since his share is not affected
- 5.Plaintiff to pay the 1st defendant his remaining balance during attendance of the Land Control Board
- 6.If any party refuses to sign any papers to effect the transfer, the Deputy Registrar, Meru Law Courts to execute/effect the same
- 7.Each party to bear his/her own costs
- 8.Suit marked as settled
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act over the land dispute (not expressly cited in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tabitha Kathambi Mbaabu v Geofrey Murithi M'Ithima & another [2017] KEELC 2144 (KLR)", Case Analysis (2017). ELC Case No 230 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2144/eng@2017-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.