Irvine Mwenda Japhet v M’Kanga M’Rwito Kanyinyiro [2017] KEELC 2252 (KLR)

The bottom line

Two neighbours in Chuka resolved a land boundary fight by agreement, and the court made that agreement legally binding and enforceable.

What this practically means

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Executive summary

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This is a brief first-instance ruling of the Environment and Land Court at Chuka delivered by P. M. Njoroge J on 21st June 2017. The plaintiff and defendant, through their advocates Basilio Gitonga & Co. Advocates and Muia Mwanzia & Co. Advocates respectively, appeared in court and jointly proffered a consent dated 21st June 2017. By the consent, the parties sought to have the court's earlier order dated 16th March 2017 amended to direct the District Surveyor and the District Land Registrar, Meru South District, to visit parcel No. MWIMBI/CHOGORIA/4652 (as recorded, the number appears twice) to establish the boundaries of the respective parcels within 60 days. The court adopted the consent as its own order and directed the parties to follow up on issues concerning its implementation. No costs order was made, no authorities were cited, and the judgment does not state the case number or title of the suit. There is no decision under review; the matter was decided on the parties' own agreement rather than on contested evidence or law.

Key legal issues

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01

Adoption of a consent as a court order

Holding

The court adopted the parties' consent, thereby amending the order of 16th March 2017 to direct a boundary demarcation by the District Surveyor and District Land Registrar within 60 days.

Reasoning

Both parties and their respective advocates appeared in court and jointly proffered a written consent dated 21st June 2017 seeking amendment of the earlier order of 16th March 2017. The court, exercising its discretion to give effect to agreements between litigating parties, adopted the consent as its own order and directed the parties to follow up on its implementation.

p. 1

Legal principles established

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A consent recorded by parties and their advocates may be adopted by the court as its own order, including to amend an earlier order.

Court orders

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1.The order of the court dated 16th March 2017 is amended to read: 'The District Surveyor & The District Land Registrar Meru South District do visit parcel No. MWIMBI/CHOGORIA/4652 and MWIMBI/CHOGORIA/4652 to establish the boundaries of the respective parcels of land within 60 days.'
2.The consent dated 21st June 2017 is adopted as an order of the court
3.The parties to follow up issues concerning implementation of the consent

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, "Irvine Mwenda Japhet v M’Kanga M’Rwito Kanyinyiro [2017] KEELC 2252 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2252/eng@2017-06-21

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