Tabitha Kathambi Mbaabu v Geofrey Murithi M'Ithima & David Kiogora M'Ithima [2017] KEELC 2144 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO  230 OF 2016

TABITHA KATHAMBI MBAABU ...........................................................PLAINTIFF

VERSUS

GEOFREY MURITHI M'ITHIMA ...............................................1ST DEFENDANT

DAVID KIOGORA M'ITHIMA.....................................................2ND DEFENDANT

CONSENT/JUDGMENT

1. On 11/07/2017, the Advocate representing the  Defendants and the Plaintiff in person, in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.

CONSENT

(1) By consent the 1st defendant do transfer 1/2(half) acre from parcel No. Abogeta/L-Chure/307 to the plaintiff being the share he had sold to her vide agreement dated 29th August, 2016.

(2) That the 2nd defendants share to remain intact as if it is in the title.

(3) That the signing of the execution process by the 2nd defendant and his attendance at the Land Control Board be disposed with since his share is not affected.

(4) That the Plaintiff to pay the 1st defendant his remaining balance during the attendance of the land control board.

(5) That if any party refuses to sign any papers to effect the transfer herein the Deputy Registrar Meru Law Courts  do execute /effect the same.

(6) That each party to bear his/her own costs.

2. I find that the Consent is properly signed and is binding upon the parties.

3. Having read the Consent of  21. 2.17 and the amended one of  11. 7.17  to the parties present, who are in agreement with the  contents, then the Consent of  11th July, 2017 is hereby adopted as a Judgment of the Court. Suit marked as settled.

4. Parties shall bear their own costs.

5. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS  11TH DAY OF  JULY, 2017 IN THE PRESENCE OF:-

C.A: Janet

Defendants present

Plaintiff present

HON. L. N. MBUGUA

ELC JUDGE