[1997] KECA 91 (KLR)
The Court of Appeal allowed the appeal by consent of the parties, set aside the judgment of the High Court, and ordered that the suit be dismissed with no order as to costs. The decision was based entirely on the mutual agreement of the parties, and the court exercised its jurisdiction to record a consent judgment,...
Source-derived case information.
- Citation
- [1997] KECA 91 (KLR)
- Parties
- Appellant: The Commissioner of Lands; Appellant: The Attorney-General (on behalf of the Ministry of Lands and the Commissioner of Lands); Respondent: Mike Maina
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 157 of 1996
- Procedural Posture
- Civil Appeal / Appeal Judgment by Consent
- Outcome
- appeal allowed by consent; High Court judgment set aside; suit dismissed; no order as to costs
- Judges
- JE Gicheru
- Legal Topics
- Public Land Disputes, Judgment by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Commissioner of Lands
Appellant
The Attorney-General (on behalf of the Ministry of Lands and the Commissioner of Lands)
Appellant
Mike Maina
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment by Consent
Legal Issues
- 1 Whether the judgment of the High Court should be set aside by consent of the parties.
- 2 Whether the suit in the High Court should be dismissed by consent.
Ratio Decidendi
The Court of Appeal allowed the appeal by consent of the parties, set aside the judgment of the High Court, and ordered that the suit be dismissed with no order as to costs. The decision was based entirely on the mutual agreement of the parties, and the court exercised its jurisdiction to record a consent judgment, which is binding on all parties and has the same effect as a judgment delivered after a contested hearing.
Court Disposition
appeal allowed by consent; High Court judgment set aside; suit dismissed; no order as to costs
Orders
- Appeal allowed by consent.
- Judgment of the High Court dated 21st June, 1996 set aside.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
CIVIL APPEAL 157 OF 1996
THE COMMISSIONER OF LANDS
THE ATTORNEY- GENERAL(ON BEHALF OF THE MINISTRY OF
LANDS AND THECOMMISSIONER OF LANDS)..............................APPELLANTS
AND
MIKE MAINA.................................................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi (Mbito, J.)
dated 21st day of June, 1996
in
H. C. MISC. C. APPL. NO. 296 OF 1996)
**************************
JUDGMENT BY CONSENT:
By consent appeal allowed. Judgment of the superior court dated 21st June, 1996 set aside and the suit therein be marked dismissed with no order as to costs both there and here.
Made and delivered at Nairobi this 1st day of October, 1997.
J. E. GICHERU
…………….....……
JUDGE OF APPEAL
A. A. LAKHA
……………..………..
JUDGE OF APPEAL
S. E. O. BOSIRE
………………..……..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR