[2022] KEELC 1089 (KLR)
The court granted the plaintiff 7 days to make full payment based on the parties' indication that negotiations were at an advanced stage and the defendant's lack of objection. The court exercised its discretion to facilitate an amicable settlement and closure of the file, in line with the parties' consent and the...
Source-derived case information.
- Citation
- [2022] KEELC 1089 (KLR)
- Parties
- Plaintiff: The County Council of Isiolo; Defendant: Shariff Ibrahim Farah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 7 of 2021
- Procedural Posture
- Land and Property / Interlocutory Ruling on Payment and Directions
- Outcome
- Plaintiff granted 7 days to make full payment; directions issued for further mention.
- Judges
- FM Njoroge
- Legal Topics
- Negotiated Settlement, Payment of Purchase Price
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The County Council of Isiolo
Plaintiff
Shariff Ibrahim Farah
Defendant
Procedural Posture
Land and Property / Interlocutory Ruling on Payment and Directions
Legal Issues
- 1 Whether the parties can resolve the dispute through negotiation within the time granted by the court.
- 2 Whether the plaintiff should be granted additional time to make full payment as agreed in negotiations.
Ratio Decidendi
The court granted the plaintiff 7 days to make full payment based on the parties' indication that negotiations were at an advanced stage and the defendant's lack of objection. The court exercised its discretion to facilitate an amicable settlement and closure of the file, in line with the parties' consent and the principles of alternative dispute resolution. The directions for further mention were issued to monitor compliance and progress towards final settlement.
Court Disposition
Plaintiff granted 7 days to make full payment; directions issued for further mention.
Orders
- The plaintiff is granted 7 days to ensure full payment is made so that this file can be closed.
- Directions on 21/3/2022.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELC CASE NO. 007 OF 2021
THE COUNTY COUNCIL OF ISIOLO.........................................PLAINTIFF
VERSUS
SHARIFF IBRAHIM FARAH...................................................DEFENDANTS
RULING
1. On 31/11/2021, I made a ruling which made the following orders:
a) The parties are granted 30 days to talk and see if they can resolve the opposite issues.
b) By consent of the counsels for the parties, directions on 24/1/2022.
2. On 24/1/2022, the parties indicated that the negotiations were at an advanced stage. On 7/3/2022, Mr. Ken Muriuki the plaintiff’s advocate asked the court to give him 7 days within which payment would have been made. M/S Otieno for the defendant had no objection to this prayer.
3. In the circumstances, the following orders are issued:
a) The plaintiff is granted 7 days to ensure full payment is made so that this file can be closed.
b) Directions on 21/3/2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF MARCH, 2022 IN THE PRESENCE OF:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
JUDGE