Jeremiah M’njogu v Martha Naitore M’murithi & 5 others [2021] KECA 744 (KLR)
- Court
- Court of Appeal
- Case number
- 744
- Citation
- [2021] KECA 744 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for enforcement of consent orderCoramM. K. Koome, A. K. Murgor, J. Asike-Makhandia
Holding
The application is procedurally wrong as the applicant has tried to file a separate and distinct matter arising from the order of this Court instead of following up the enforcement.
Facts
The applicant seeks enforcement of a consent order dated 17th May, 1991, which divided land registration Ntima/Ntakira/685 into three portions, with 1.5 acres to Samuel M'Murithi, 2 acres to Jeremiah Njogu, and 0.5 acres to Twarugoji Kirimunya. Janet Tirindi Kathunguri was to live on the 0.5 acre retained by Twarugoji.
Issues
- Enforcement of the consent order
- Execution of the order by the parties involved
Reasoning
The law prohibits filing of a separate suit for execution, and the enforcement of the order fell upon the parties to initiate execution proceedings in the Meru High Court.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Appellate Jurisdiction Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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