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ELCPartially AllowedChuka ELC No. 226 of 2017· [2018] KEELC 1826 (KLR)
David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 1826 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The plaintiff sued the defendant seeking an order compelling transfer of LR. MUTHAMBI/LOWER KARIMBA/1604 to himself, removal of any caution or inhibition on the land, damages for breach of contract, and costs. By a Notice of Motion dated 6th July 2018, the plaintiff sought review of the decree/consent order dated 30th April 2018, alleging errors apparent on the face of the record: the decree named Mariko Kamunde as 2nd defendant as beneficiary instead of the plaintiff, David Kamundih Muranga. When the application was heard on 25th July 2018, the court granted the parties 30 days to file a fresh consent. On 25th September 2018 the parties proffered a consent dated 13th August 2018 in which they agreed that the Deputy Registrar be empowered to execute all conveyancing documents to transfer the suit property from Mariko Kamunde to the plaintiff, that the Land Registrar Chuka be served for compliance, and that upon compliance the matter be marked as settled with each party bearing his own costs. The consent was signed by the plaintiff, the defendant, and the defendant's two sons. The court confirmed the identities of the signatories and adopted the consent as its order, marked the suit as concluded, and directed its removal from the list of pending ELC cases at Chuka. The plaintiff's review application was thereby rendered unnecessary and the substantive claim was resolved by consent.
Key legal issues
#01
Adoption of the parties' consent as an order of the court
Holding
The court adopted the consent dated 13th August 2018 as its order, empowering the Deputy Registrar to execute transfer documents for LR. MUTHAMBI/LOWER KARIMBA/1604 from Mariko Kamunde to the plaintiff
Reasoning
Following the court's direction of 25th July 2018 that the parties file another consent, they proffered a consent dated 13th August 2018 signed by the plaintiff, the defendant, and the defendant's sons. The court verified the identities of the signatories and, being satisfied, adopted the consent as its order, directed service on the Land Registrar Chuka for compliance, and marked the suit concluded.
p. 3
Legal principles established
#- A consent agreed to by the parties and confirmed as to signatories may be adopted by the court as its order
Court orders
#- 1.The consent dated 13th August 2018 is adopted as an order of the court
- 2.The Deputy Registrar is empowered to execute all conveyancing documents in respect of LR. No. MUTHAMBI/LOWER KARIMBA/1604 to ensure its transfer from Mariko Kamunde to David Kamundih Muranga, the plaintiff
- 3.The Land Registrar Chuka to be served for compliance
- 4.Upon compliance, the matter to be marked as settled and each party to bear his costs
- 5.The suit is marked as concluded and removed from the list of pending ELC cases at Chuka
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution (not expressly cited in the judgment); the court exercised its power to adopt a consent order as an order of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 1826 (KLR)", Case Analysis (2018). Chuka ELC No. 226 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1826/eng@2018-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.