[2016] KEHC 5053 (KLR)

[2016] KEHC 5053 (KLR)

The court found that the consent presented was duly signed by all parties' advocates, indicating mutual agreement. There was no evidence of coercion, fraud, or collusion. The court, therefore, adopted the consent as an order, recognizing that parties are at liberty to compromise their disputes and that such...

Source-derived case information.

Citation
[2016] KEHC 5053 (KLR)
Parties
Plaintiff: David Keli Kiilu, Brown Ondego, Isaac Njogu, Newlson N. Ogombe (Suing as the Registered Trustees of the Agricultural Society of Kenya); Defendant: County Government of Meru; Respondent: Kenya Forestry Service
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 44 of 2015
Procedural Posture
Elc Case / Ruling on Adoption of Consent
Outcome
Consent adopted as order of the court; no order as to costs.
Judges
FM Njoroge
Legal Topics
Consent Orders, Land Use, Fencing Disputes
Source Language
en
Land and Property Consent Orders Land Use Fencing Disputes

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Parties

David Keli Kiilu, Brown Ondego, Isaac Njogu, Newlson N. Ogombe (Suing as the Registered Trustees of the Agricultural Society of Kenya)

Plaintiff

County Government of Meru

Defendant

Kenya Forestry Service

Respondent

Procedural Posture

Elc Case / Ruling on Adoption of Consent

Legal Issues

  1. 1 Whether the consent presented by the parties should be adopted as an order of the court.
  2. 2 Whether there should be any order as to costs.

Ratio Decidendi

The court found that the consent presented was duly signed by all parties' advocates, indicating mutual agreement. There was no evidence of coercion, fraud, or collusion. The court, therefore, adopted the consent as an order, recognizing that parties are at liberty to compromise their disputes and that such agreements, when presented to the court, should be respected and enforced unless contrary to law or public policy. No order as to costs was made, reflecting the consensual nature of the resolution.

Court Disposition

Consent adopted as order of the court; no order as to costs.

Orders

  • The consent dated 18/04/2016 is adopted as an order of the court.
  • The plaintiff shall mend the fence for purposes of the ASK show, which will take place for four days.