[2014] KEHC 280 (KLR)
The court found that the parties, through their respective counsel, had freely entered into a consent settling all issues in the suit. The consent, duly signed and presented to the court, was adopted as the judgment of the court. As a result, the suit was marked as fully settled, and the parties were precluded from...
Source-derived case information.
- Citation
- [2014] KEHC 280 (KLR)
- Parties
- Plaintiff: Adan Mohamed Adan; Plaintiff: Bernard Meme M'limbiine; Plaintiff: Mohamed Ibrahim Jirow; Plaintiff: Adan Ibrahim Ahmed; Plaintiff: Farihiya A Jassan; Plaintiff: Stanely Kubai M'Anaiba; Plaintiff: Joel Ncobiiri Kiamba; Plaintiff: John Mbogo Githinji; Plaintiff: Julius Muriuki M'ibere; Plaintiff: Geoffrey Kaberia Mwirabua; Plaintiff: Sarah Golicha; Plaintiff: Muslima Duba; Defendant: Alice Mahinda; Defendant: Gladys Mahinda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 65 of 2014
- Procedural Posture
- Environment and Land Case / Consent Judgment
- Outcome
- suit settled by consent; no order as to costs
- Legal Topics
- Consent Judgment, Permanent Injunction, Possession of Land, Settlement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Adan Mohamed Adan
Plaintiff
Bernard Meme M'limbiine
Plaintiff
Mohamed Ibrahim Jirow
Plaintiff
Adan Ibrahim Ahmed
Plaintiff
Farihiya A Jassan
Plaintiff
Stanely Kubai M'Anaiba
Plaintiff
Joel Ncobiiri Kiamba
Plaintiff
John Mbogo Githinji
Plaintiff
Julius Muriuki M'ibere
Plaintiff
Geoffrey Kaberia Mwirabua
Plaintiff
Sarah Golicha
Plaintiff
Muslima Duba
Plaintiff
Alice Mahinda
Defendant
Gladys Mahinda
Defendant
Procedural Posture
Environment and Land Case / Consent Judgment
Legal Issues
- 1 Whether the parties have reached a binding consent settling the dispute over possession and use of specified rooms on plot No. 7918/53, Isiolo town.
- 2 Whether the consent should be adopted as a judgment of the court, thereby fully settling the suit.
Ratio Decidendi
The court found that the parties, through their respective counsel, had freely entered into a consent settling all issues in the suit. The consent, duly signed and presented to the court, was adopted as the judgment of the court. As a result, the suit was marked as fully settled, and the parties were precluded from bringing the matter back to court. The court emphasized that a consent judgment is binding and final unless set aside for fraud, collusion, or any other sufficient cause, none of which was alleged or established in this case.
Court Disposition
suit settled by consent; no order as to costs
Orders
- The consent dated 18.8.2014 is adopted as an order of the court.
- The suit is marked as fully settled.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO. 65 OF 2014
ADAN MOHAMED ADAN.............................................................................................1ST PLAINTIFF
BERNARD MEME M'LIMBIINE.....................................................................................2ND PLAINTIFF
MOHAMED IBRAHIM JIROW......................................................................................3RD PLAINTIFF
ADAN IBRAHIM AHMED...............................................................................................4TH PLAINTIFF
FARIHIYA A JASSAN.....................................................................................................5TH PLAINTIFF
STANELY KUBAI M'ANAIBA...........................................................................................6TH PLAINTIFF
JOEL NCOBIIRI KIAMBA..................................................................................................7TH PLAINTIFF
JOHN MBOGO GITHINJI...................................................................................................8TH PLAINTIFF
JULIUS MURIUKI M'IBERE................................................................................................9TH PLAINTIFF
GEOFFREY KABERIA MWIRABUA................................................................................10TH PLAINTIFF
SARAH GOLICHA..............................................................................................................11TH PLAINTIFF
MUSLIMA DUBA...............................................................................................................12TH PLAINTIFF
VERSUS
ALICE MAHINDA.........................................................................................................1ST DEFENDNAT
GLADYS MAHINDA.....................................................................................................2ND DEFENDANT
JUDGEMENT
This is a Consent Judgment concerning Environment and and Land Case No.65 of 2014. In their plaint, the plaintiffs prayed for judgment against the defendants jointly and severally for:-
(a) A permanent injunction, restraining the defendants, their family members, representative, employees, servants agents and/or anybody else acting or claiming for, through or on their behalf or acting at their behest, direction and instruction, from whatsoever interfering with plaintiffs' possession, occupation, user and enjoyment of room numbers 1, A, C, 2, 3, 4, 5, 6, 8A, 8B, 9, 13, 14 and 15, all built and situate on plot No. 7918/53, within Isiolo town.
(b) Costs of the suit and interest thereon at Court's rates.
On 30. 9.2014, the parties informed the Court that they had filed a Consent which they wanted the Court to adopt as its order. The Consent was signed by the Advocates representing the parties. It was in the following terms:
“By consent of the parties through their respective counsel, this matter be and is hereby marked as fully settled with each party herein bearing his or her own costs.”
The consent is dated 18. 8.2014.
The Consent is hereby adopted as an order of this Court. As a consequence, this suit is marked as fully settled. The parties may not bring it back to Court.
It is so ordered.
Delivered in Open Court at Meru this 1st day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Mwirigi, h/b Calpeters Mbaabu
Kimathi Kiara for defendant.
P. M. NJOROGE
JUDGE.