[2016] KEELC 1293 (KLR)
The court adopted the consent entered into by the parties, which provided for payment of Kshs. 1,600,000 by the defendant to the plaintiffs and required the plaintiffs to vacate the suit land within 60 days. The consent resolved all issues in dispute, including compensation and vacation of the premises, and was...
Source-derived case information.
- Citation
- [2016] KEELC 1293 (KLR)
- Parties
- Plaintiff: Catherine Kageni; Plaintiff: Cecilia Makembo; Plaintiff: Evans Mwiti; Plaintiff: Joseph Kaaria; Plaintiff: Bridget Itheru; Plaintiff: Peniniah Magiri; Defendant: The County Government of Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 76 of 2015
- Procedural Posture
- Civil Case / Final Judgment on Consent
- Outcome
- suit settled by consent; orders issued as per consent
- Judges
- FM Njoroge
- Legal Topics
- Injunctions, Eviction, Compensation for Tenants, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Kageni
Plaintiff
Cecilia Makembo
Plaintiff
Evans Mwiti
Plaintiff
Joseph Kaaria
Plaintiff
Bridget Itheru
Plaintiff
Peniniah Magiri
Plaintiff
The County Government of Meru
Defendant
Procedural Posture
Civil Case / Final Judgment on Consent
Legal Issues
- 1 Whether the plaintiffs are entitled to an injunction restraining the defendant from evicting or demolishing their houses/stalls without compensation and lawful notice.
- 2 Whether the plaintiffs are entitled to compensation upon termination of tenancy by the defendant.
Ratio Decidendi
The court adopted the consent entered into by the parties, which provided for payment of Kshs. 1,600,000 by the defendant to the plaintiffs and required the plaintiffs to vacate the suit land within 60 days. The consent resolved all issues in dispute, including compensation and vacation of the premises, and was recorded as an order of the court. The suit was marked as settled, and each party was to bear their own costs. The court's decision was based on the binding nature of consent orders and the parties' agreement, which satisfied the requirements of the law regarding notice and compensation for termination of tenancy.
Court Disposition
suit settled by consent; orders issued as per consent
Orders
- The defendant shall pay all the plaintiffs a total of Kshs. 1,600,000 all inclusive upon execution and signing of the consent.
- The plaintiffs and their families shall vacate the suit land within 60 days from the date of signing the consent.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND COURT
CIVIL CASE NO. 76 OF 2015
CATHERINE KAGENI.........................................................1ST PLAINTIFF
CECILIA MAKEMBO …........................................................2ND PLAINTIFF
EVANS MWITI.....................................................................3RD PLAINTIFF
JOSEPH KAARIA................................................................4TH PLAINTIFF
BRIDGET ITHERU................................................................5TH PLAINTIFF
PENINIAH MAGIRI...............................................................6TH PLAINTIFF
VERSUS
THE COUNTY GOVERNMENT OF MERU …............................DEFENDANT
J U D G M E N T
1. In their Plaint dated 2nd September, 2016, the Plaintiffs jointly and severally pray for judgment against the defendant for:-
a) An order of injunction restraining the defendant by its officials, agents, constructors or anybody else acting at its behalf from evicting, demolishing the Plaintiffs' houses/stalls standing on the defendant's property known as 491/ ANGAINE ESTATE situated within Meru County until the plaintiffs are fully compensated of their doors and windows upon issuance of valid and lawfully (sic) notice to the plaintiffs terminating tenancy pursuant to the provision of section 4 (2) and (6) of the Landlord and Tenant (shops, hotels and catering establishments ) Act Cap 301 laws of Kenya.
b) Costs and interest of the suit.
c) Any other better relief the honourable court deems fit and just to grant.
2. On 20th December, 2016, the parties proffered a Consent, properly signed by their Advocates, which was in the following terms:-
RE-CONSENT
“Kindly record the following Consent order:-
That by Consent of all parties the parties herein this matter be settled on the following terms:-
1. That the Defendant do pay all the Plaintiffs a total of Kshs. 1,600,000/= all inclusive payable upon execution and signing of this consent.
2. That the current residents (Plaintiffs) families to vacate the suit land within the next 60 days from the date of signing this consent.
3. That upon signing of this consent this suit be marked as settled.
4. That each party to bear their own costs.
3. The consent is adopted as an order of this Court.
4. This suit is marked as settled and should be removed from the record of pending suits.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C:A Daniel /James
Kiogora Mugambi for the Plaintiffs
C.B Mwongela for the Defendant
P. M. NJOROGE
JUDGE