Mwamba M'marete v Julius Muguuku Mwamba [2016] KEELC 1036 (KLR)

Full Case Text

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT MERU

CIVIL CASE NO. 116 OF 2013 (FAST TRACK)

MWAMBA M'MARETE...................................................................................PLAINTIFF

VERSUS

JULIUS MUGUUKU MWAMBA...................................................................DEFENDANT

J U D G M E N T

In a plaint dated 2nd May, 2013, the Plaintiff prays for judgment against the defendant for:-

An order of eviction directed at the Defendant removing him permanently from land parcel NO. ABOTHUGUCHI/KARIENE/38.

Costs of this suit.

Any other or such better relief that this Honourable Court may deem fit and just to grant.

During mention for directions on 23/3/2016, the parties tendered to Court a Consent dated 23/3/2016 which they asked the Court to adopt its terms as its order. The Consent is in the following terms:-

“By consent of both parties hereto, this suit be marked as settled on the following terms:-

1. Land parcel No. Abothuguchi/Kariene/38 be sub-divided into 3 portions which shall be transferred as follows:-

(a) ½ acre to Mwamba M'Marete the plaintiff herein.

(b) 1. 45 acres to Julius Muguuku Mwamba the Defendant herein.

Land parcel No. Abothuguchi/Kariene/311 to be sub-divided into 3 portions which shall be transferred as follows:-

(a) ½ acre to Mwamba M'Marete .

(b) 1 ½ acres to Julius Muguuku Mwamba.

Mention date to be given by the court to effect this order.

Each party to bear their own costs.

The consent is signed by the parties and their Advocates. The consent is adopted as an order of this court.

It is ordered that this suit is marked as settled and the same parties may not come back to re-litigate the matters settled herein.

It is so ordered.

Delivered in open court at Meru this23rd day of March, 2016in the presence of:-

CC: Daniel/Lilian

Miss E.G. Mwangi for the Plaintiff

B.G.Kariuki for the Defendant

P. M. NJOROGE

JUDGE