[2022] KEELC 1998 (KLR)
The court found that the parties, through their respective counsel, had agreed to settle the appeal out of court and sought time to file a consent. In line with the constitutional imperative to promote alternative dispute resolution and to avoid delay of justice, the court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2022] KEELC 1998 (KLR)
- Parties
- Appellant: Benard Otieno Obunga; Respondent: Lawrence Oguda Obunga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 31 of 2021
- Procedural Posture
- Elc Appeal / Ruling on Request to Record Consent and Stay Judgment Pending ADR
- Outcome
- Application to allow time for filing consent on out-of-court settlement is allowed; judgment held in abeyance.
- Legal Topics
- Consent Orders, Settlement Out of Court, Judicial Discretion, Adr Promotion
- 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
Benard Otieno Obunga
Appellant
Lawrence Oguda Obunga
Respondent
Procedural Posture
Elc Appeal / Ruling on Request to Record Consent and Stay Judgment Pending ADR
Legal Issues
- 1 Whether the court should allow parties time to file a consent for out-of-court settlement of the appeal.
- 2 Whether judgment should be held in abeyance pending confirmation of alternative dispute resolution.
Ratio Decidendi
The court found that the parties, through their respective counsel, had agreed to settle the appeal out of court and sought time to file a consent. In line with the constitutional imperative to promote alternative dispute resolution and to avoid delay of justice, the court exercised its discretion to allow the parties time to formalize their settlement. The court relied on Article 159(2)(b) and (c) of the Constitution and Section 20 of the Environment and Land Court Act, emphasizing that litigants and their counsel are best placed to determine their affairs. Accordingly, the court allowed the application, held judgment in abeyance, and fixed a mention date to confirm the application of ADR.
Court Disposition
Application to allow time for filing consent on out-of-court settlement is allowed; judgment held in abeyance.
Orders
- Application by the appellant's counsel is allowed.
- Appeal fixed for mention on 2nd February 2022 to confirm application of ADR.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT HOMABAY
ELC APPEAL NO. 31 OF 2021
BENARD OTIENO OBUNGA.................................................................................................PLAINTIFF
VERSUS
LAWRENCE OGUDA OBUNGA.........................................................................................DEFENDANT
(Being an appeal from the ruling and orders of Chief Magistrate Courtat Homa Bay Law Courts
(Hon. R.B.N Maloba) delivered on the 25th day of September, 2018in Land Case No. 6 of 2016).
RULING
1. The instant ruling is rendered in the interest of Justice in lieu of judgment scheduled for delivery this 24th January 2022. The attendant reasons are stated below.
2. There are new developments at this stage of the appeal. Indeed, Mr. Nyauke, learned counsel for the Appellant, Mr. Benard O. Obunga has prayed thus: “I have instructions that parties have settled the appeal out of court. May we get further mention date to file the Consent thereof”.
3. Mr. Oumo holding brief for Mr. Owade learned counsel for the respondent, Lawrence O. Obunga has no objection to the prayers as captured in paragraph 2 herein above.
4. Article 159(2)(b) of the Constitution of Kenya, 2010 provides:
“Justice shall not be delayed,:”
5. The parties through their respective counsel, have agreed and sought time to file a consent relating to settlement of this appeal out of court. In Butt versus Rent Restriction Tribunal (1979) eKLR, the Court of Appeal observed that:
“The litigants and their professional advisors are the best judges of their affairs.”
6. In exercising judicial authority, this court is guided by the principles including the promotion of Alternative forms of dispute resolution (ADR) as stipulated under Article 159(2) (c) of the Constitution of Kenya, 2010; See also section 20 of the Environment and Land Court Act, 2015 (2011).
7. For the above reasons, the application by the applicants counsel is merited. The same is hereby allowed accordingly.
8. This appeal is therefore, fixed for 2nd February 2022 to confirm the application of ADR as Judgment is held in abeyance herein.
DATED AND DELIVERED AT HOMA BAY THIS 24TH JANUARY, 2022
G M A ONG’ONDO
JUDGE
In the presence of:
i. Mr. Nyauke learned counsel for the Appellant.
ii. Mr. J. Oumo holding brief for Mr. Owade learned counsel for the Respondent.
iii. Okello, court assistant.
G M A ONG’ONDO
JUDGE