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ELCOtherChuka ELC Case No. 116 of 2017 (Formerly Meru HCC No. 83 of 2009)· [2018] KEELC 3627 (KLR)

Charles Nyaga & another v Charles Njagi & another [2018] KEELC 3627 (KLR)

Environment and Land Court
30 April 2018
PNP. M. Njoroge
540 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A land dispute in Chuka ended when all parties signed a consent that the court adopted, confirming Mariko Kamunde as the rightful owner of the parcel.

What this practically means

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Executive summary

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This is a consent judgment of the Environment and Land Court at Chuka in a land dispute over L.R. No. Muthambi/Lower-Karimba/1604. The plaintiffs, Charles Nyaga and Nicholas Mwiti, had sued Charles Njagi M'Kanga and Mariko Kamunde seeking a declaration that the 1st defendant held the parcel in trust for them, a declaration of ownership in their favour, cancellation of the 1st defendant's name from the register, an injunction restraining interference with their occupation, plus costs and interest. Before trial, the parties signed a consent dated 3rd April 2018 agreeing that the plaintiffs' suit be marked as fully settled with no orders as to costs. All four parties appeared in court and their identities were confirmed through identity cards; both sides had earlier filed notices of intention to act in person, dispensing with their respective advocates, Maitai Rimita & Co. Advocates for the plaintiffs and P. M. Mutani & Co. Advocates for the defendants. The plaintiffs asked that the suit be marked as withdrawn and settled on the understanding that Mariko Kamunde, the 2nd defendant, would remain legal owner of the parcel, and the defendants agreed. The court, per P. M. Njoroge J, adopted the consent as an order of the court, marked the suit as withdrawn with no order as to costs, and for avoidance of doubt declared that the land parcel rightly and legally belongs to Mariko Kamunde. The judgment was delivered in open court at Chuka on 30th April 2018.

Key legal issues

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01

Adoption of the parties' consent as an order of the court

Holding

The consent dated 3rd April 2018 was adopted as an order of the court, resulting in the suit being marked as withdrawn with no order as to costs and a declaration that the suit land belongs to the 2nd defendant

Reasoning

All four parties personally appeared and their identities were confirmed through identity cards. Both sides had filed notices of intention to act in person. The consent, signed by all parties, expressed that the suit be marked as fully settled with no orders as to costs. The defendants agreed with the plaintiffs' request that the 2nd defendant remain legal owner of the land parcel. The court accordingly adopted the consent as an order.

p. 3

Legal principles established

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    Court orders

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    1. 1.The parties' consent dated 3rd April 2018 and filed in court the same day is adopted as an order of the court
    2. 2.The suit is marked as withdrawn with no order as to costs
    3. 3.It is declared that land Parcel No. Muthambi/Lower-Karimba/1604 rightly and legally belongs to Mariko Kamunde, the 2nd defendant
    Jurisdiction invoked
    Consent of the parties recorded and adopted as an order of the court under the court's case-management powers in the Environment and Land 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, "Charles Nyaga & another v Charles Njagi & another [2018] KEELC 3627 (KLR)", Case Analysis (2018). Chuka ELC Case No. 116 of 2017 (Formerly Meru HCC No. 83 of 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3627/eng@2018-04-30

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