Phineas Ngaku Murungi & 6 others v Riungu Kaminchi & 14 others [2021] KEELC 2883 (KLR)

Environment and Land Court

15 June 2021

PNP. M. Njoroge

332 words in judgment

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The bottom line

A Kenyan court turned the parties' survey agreement into a binding court order, so an official survey will now map who occupies what land before the case is decided.

What this practically means

Executive summary

On 15th June 2021 the Environment and Land Court at Chuka (P. M. Njoroge J) dealt with a consent proffered by the advocates for the parties in an ongoing land dispute concerning pre-registration parcels Nos. 1480 and 1977 in the former Lower East Magutuni Adjudication Section, now within the Mwimbi/Lower East Magutuni registration area, and the current suit parcels L.R. No. Mwimbi/Lower East Magutuni/3712-3716, 3613-3624, 2381 and 1977. Under the consent, the County Surveyor, Tharaka Nithi was to visit the disputed parcels, establish the actual occupation including the names of occupants, acreage and boundaries, identify and sketch the map location of the registered parcels showing any overlap between ground occupation and the map position of the registered parcels, and file a report within 90 days. Each party was at liberty to engage a private surveyor. The County Surveyor's costs were to be borne by the parties excluding the 13th, 14th and 15th defendants. The court found the consent properly executed by the advocates who represented the parties and adopted it as an order of the court. Directions were set for 4th October 2021. This was a procedural ruling, not a determination of the suit, which remained pending the surveyor's report.

Key legal issues

Adoption of a consent as a court order

Holding

The court adopted the consent as its order

Reasoning

The advocates for the plaintiffs and the 1st-12th defendants executed a consent providing for a County Surveyor's visit and report on the disputed parcels. The court found the consent properly executed and adopted it as an order of the court, with directions to be taken on a stated date.

p. 2

Legal principles established

A consent properly executed by advocates representing the parties may be adopted as an order of the court

Court orders

1.The consent executed by advocates for the parties is adopted as an order of the court, directing the County Surveyor, Tharaka Nithi to visit the disputed parcels, establish actual occupation, occupants, acreage and boundaries, sketch any overlap between ground occupation and registered parcels, permitting private surveyors, filing a report within 90 days, with the County Surveyor's costs borne by the parties excluding the 13th, 14th and 15th defendants
2.Parties to come to court for directions on 4th October, 2021

Jurisdiction invoked: Not stated; consent of parties adopted as order of the court

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Phineas Ngaku Murungi & 6 others v Riungu Kaminchi & 14 others [2021] KEELC 2883 (KLR)", Case Analysis (2021). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2883/eng@2021-06-15

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