[2018] KECA 551 (KLR)
The Court of Appeal, by consent of both parties, held that the consent judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 remains valid and binding. The court further varied the consent judgment to include a specific timeline for the transfer of 70 acres from the plaintiff to the defendant within...
Source-derived case information.
- Citation
- [2018] KECA 551 (KLR)
- Parties
- Appellant: David Kipkoech Kogo; Respondent: Esther Chesaina Bedford Pim
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 67 of 2016
- Procedural Posture
- Civil Appeal / Consent Judgment on Appeal
- Outcome
- appeal settled by consent and struck out
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Consent Judgment, Transfer of Land, Appeal Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kipkoech Kogo
Appellant
Esther Chesaina Bedford Pim
Respondent
Procedural Posture
Civil Appeal / Consent Judgment on Appeal
Legal Issues
- 1 Whether the consent judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 remains valid and binding on the parties.
- 2 Whether the consent judgment should be varied to include a timeline for transfer of 70 acres to the defendant.
- 3 Whether the appeal should be struck out following settlement by consent.
Ratio Decidendi
The Court of Appeal, by consent of both parties, held that the consent judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 remains valid and binding. The court further varied the consent judgment to include a specific timeline for the transfer of 70 acres from the plaintiff to the defendant within six months from 29th May, 2018. Each party was ordered to bear their own costs, and the appeal was struck out from the register of pending appeals. The decision was based on the mutual agreement of the parties, the binding nature of consent judgments, and the court's power to record and vary such judgments by consent.
Court Disposition
appeal settled by consent and struck out
Orders
- The consent judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 dated 8th October, 2014 remains valid and binding on the parties.
- The consent judgment is varied to add that the plaintiff shall transfer 70 acres to the defendant within six months from 29th May, 2018.
Full Case Text
Judgment text and source record
33 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: E. M. GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
CIVIL APPEAL NO. 67 OF 2016
BETWEEN
DAVID KIPKOECH KOGO................................APPELLANT
AND
ESTHER CHESAINA BEDFORD PIM..........RESPONDENT
(Being an appeal from the Ruling of the High Court of Kenya, Environment
and Land Court at Kitale, (Obaga, J.) dated 19th April, 2016
in
ENVIRONMENT AND LAND CASE NO. 159 OF 2015 (O.S))
************************************
JUDGMENT OF THE COURT BY CONSENT
By Consent of Mr. Wambura, learned counsel for the appellant and Ms. Kibonei, learned counsel holding brief for Mr. Wanyama for the respondent, this appeal is marked as settled on the following terms:-
1. The consent, the judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 dated 8th October, 2014 remain valid and binding on the parties.
2 The said consent judgment is varied to the extent that the following is added as para. 5 of the consent judgment.
“The plaintiff to transfer the 70 acres to the defendant within six months from 29th May, 2018. ”
3. Each party to bear his/her own costs of this appeal.
4. Accordingly and by order of the Court the appeal is struck out from the register of pending appeals.
Made and Dated at Eldoret this 29th day of May, 2018.
E. M. GITHINJI
...................................
JUDGE OF APPEAL
HANNAH OKWENGU
...................................
JUDGE OF APPEAL
J. MOHAMMED
....................................
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR.