Agnes Muthoni Nyaga, Evriter Karimi Nkari, Hellen Nkatha Nkari & Christine Kanjiru Nkari v Alice C. Alexander, Albert Mugendi Nkari, Frankline Kirimi Nkari, Peter Murimi & Joline Muthoni Gachunki [2021] KEELC 3030 (KLR) | Land Resurvey | Esheria

Agnes Muthoni Nyaga, Evriter Karimi Nkari, Hellen Nkatha Nkari & Christine Kanjiru Nkari v Alice C. Alexander, Albert Mugendi Nkari, Frankline Kirimi Nkari, Peter Murimi & Joline Muthoni Gachunki [2021] KEELC 3030 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ENVIRONMENT AND LAND CASE NO. 62 OF 2017

FORMERLY MERU ENVIRONMENT AND LAND CASE NO. 104 OF 2015

AGNES MUTHONI NYAGA.......................1ST PLAINTIFF

EVRITER KARIMI NKARI.........................2ND PLAINTIFF

HELLEN NKATHA NKARI.........................3RD PLAINTIFF

CHRISTINE KANJIRU NKARI..................4TH PLAINTIFF

VERSUS

ALICE C. ALEXANDER...........................1ST DEFENDANT

ALBERT MUGENDI NKARI....................2ND DEFENDANT

FRANKLINE KIRIMI NKARI..................3RD DEFENDANT

PETER MURIMI.......................................4TH DEFENDANT

JOLINE MUTHONI GACHUNKI...........5TH DEFENDANT

RULING

1. On 7th June, 2021, the parties in this suit presented a consent which they asked the court to adopt as its order. The consent is in the following terms:

“By consent of both counsels for the Plaintiffs/Applicants & the Defendants/Respondents the parties do hereby consent:-’’

a.That a res-survey be conducted on Land Parcel Karingani/Ndagani/4758 for the purposes of implementing the decree of this Honourable court  dated the 31st July, 2018.

b. That the court do order the county surveyor to re-survey the said land parcel but the costs be met by all the parties.

c. That the 4th & 5th Defendants/Respondents do remain in their respective ¼  parcels of land which is occupied by both parties that is despite the re-survey process.

d. That each party shall bear the costs of stamp duty for the purposes of acquiring their respective title deeds.

e. The two Applications be marked as withdrawn with no orders as to costs.

Dated the 7th day of June, 2021.

Kiogora Arithi & Associates.

Advocates for the Plaintiff.

Kijaru, Njeru & Co. Advocates,

Advocates for the Defendants.

2. The consent was properly signed by the advocates who represented the parties.

3. The consent is adopted as an order of this court.

4. It is so ordered.

DELIVERED IN OPEN COURT AT CHUKA THIS 7TH DAY OF JUNE, 2021 IN THE PRESENCE OF:

CA: Ndegwa

Kiogora Arithi for the Plaintiffs

M/s Kijaru for the defendants

P. M. NJOROGE,

JUDGE.