[2017] KEELC 160 (KLR)

[2017] KEELC 160 (KLR)

The court adopted the consent of the parties as its order, recognizing that the parties had mutually agreed to resolve the dispute regarding allocation and transfer of public land. The consent terms provided for the allocation of 100 acres in Jaldesa to the plaintiff for agricultural use and the transfer of Plot No....

Source-derived case information.

Citation
[2017] KEELC 160 (KLR)
Parties
Plaintiff: The County Government of Marsabit; Defendant: Board of Management Badassa Mixed Secondary School; Defendant: The Principal Badassa Mixed Secondary School; Defendant: Biftu Contractors Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 56 of 2016
Procedural Posture
Land and Property Suit / Consent Order
Outcome
Consent adopted as order of the court; suit settled on agreed terms.
Legal Topics
Land Allocation, Public Land Transfer, Change of User, Consent Judgment
Source Language
en
Land and Property Land Allocation Public Land Transfer Change of User Consent Judgment

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Parties

The County Government of Marsabit

Plaintiff

Board of Management Badassa Mixed Secondary School

Defendant

The Principal Badassa Mixed Secondary School

Defendant

Biftu Contractors Limited

Defendant

Procedural Posture

Land and Property Suit / Consent Order

Legal Issues

  1. 1 Whether the parties can resolve the dispute through a consent order regarding allocation and transfer of public land.
  2. 2 Whether the change of user and transfer of Plot No. 60 is lawful and enforceable under the agreed terms.

Ratio Decidendi

The court adopted the consent of the parties as its order, recognizing that the parties had mutually agreed to resolve the dispute regarding allocation and transfer of public land. The consent terms provided for the allocation of 100 acres in Jaldesa to the plaintiff for agricultural use and the transfer of Plot No. 60 to the Department of Education, Science and Technology, with the plaintiff facilitating the change of user. The court found no legal impediment to the consent and, in accordance with established principles, gave effect to the parties' agreement, thereby settling the dispute without the need for further litigation.

Court Disposition

Consent adopted as order of the court; suit settled on agreed terms.

Orders

  • The 1st and 2nd Defendants shall identify and allocate to the Plaintiff an alternate parcel of land measuring 100 acres in Jaldesa for use by the Plaintiff’s Department of Agriculture and Livestock.
  • The Plaintiff shall effect a transfer of Plot No. 60 from the Department of Agriculture and Livestock to the Department of Education, Science and Technology and facilitate the change of user accordingly.