Beatrice Baariu v Julius Bariu [2014] KEHC 237 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL CASE NO. 41 OF 2009  (O.S)

BEATRICE BAARIU...................................................................................PLAINTIFF

VERSUS

JULIUS BARIU.........................................................................................DEFENDANT

CONSENT JUDGEMENT

On 18. 11. 2014 the parties presented a consent dated 15. 8.2014 but filed in Court on 3. 9.2014 and prayed that it be adopted as an order of this Court.  It is in the following terms:

“BY CONSENT.

The Defendant's half of Plot No. 9A Maua, be registered in the name of the Plaintiff herein.

Land reference Number KIEGOI/66 be registered jointly in the names of DENNIS KIRIMI BAARIU and KEVIN MUTUMA BAARIU, the couple's sons.

Land reference No. KIEGOI/329 (Mikumbune) be registered in the name of JUDY KINYA, the couple's daughter.

Land Reference numbers 2855, 13725, 13723, 13274 and 2660 (known as Baariu Estate, Maua) to be shared equally between the plaintiff and the defendant both land and the developments thereon.

Tea Bushes planted in land reference number Kiegoi/66 be harvested equally between the plaintiff and the defendant herein.

All pending court cases, that are for division of matrimonial properties, and removal of all cautions/inhibitions registered  against the titles be marked as settled after property is shared out.

This consent to mark the matter as settled upon successful transfer of all the properties referred to herein above.

The defendant do sign transfers in favour of the plaintiff herein, sons, Denis Kirimi Baariu and Kevin Mutuma Baariu and daughter, Judy Kinya within 30 days from the date of recording this consent and in default the Deputy Registrar of the High court will sign the respective transfer.

The defendant to hand over to the plaintiff herein possession of half of his half share of Plot No. 9A immediately after recording and adoption of this consent.

This Consent is adopted as an order of this Court.  This application is marked as fully settled and determined upon successful transfer of all the properties which are the subject of the consent.

I award no costs.

It is so ordered.

Delivered in Open Court at Meru this 18th day of November, 2014 in the presence of:

Cc. Daniel

Mageto for the Plaintiff

Miss Kiome for the Defendant

P. M. NJOROGE

JUDGE