[2017] KEELC 1852 (KLR)

[2017] KEELC 1852 (KLR)

The court found that the impugned consent order was not valid because it was not recorded by the court in the presence of all affected parties, nor did all parties append their signatures to the court record to signify their consent. This procedural irregularity rendered the consent order invalid, and as such, the...

Source-derived case information.

Citation
[2017] KEELC 1852 (KLR)
Parties
Plaintiff: David Mburu Githere; Plaintiff: George Jonathan Maara; Defendant: John Peter Kamau; Defendant: Gumchem Kenya Ltd.; Defendant: Paramount Universal Bank Ltd.; Defendant: Elizabeth Muigai t/a Integration Auctioneer(K) Co.
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
15 September 2017
Case Number
Environment & Land Case 748 of 2013
Procedural Posture
Notice of Motion / Ruling
Outcome
application allowed
Judges
MM Gitumbi
Legal Topics
Consent Orders, Court Recording Procedure
Source Language
english
Land and Property Consent Orders Court Recording Procedure

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Summary, issues, holding and outcome

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Parties

David Mburu Githere

Plaintiff

George Jonathan Maara

Plaintiff

John Peter Kamau

Defendant

Gumchem Kenya Ltd.

Defendant

Paramount Universal Bank Ltd.

Defendant

Elizabeth Muigai t/a Integration Auctioneer(K) Co.

Defendant

Procedural Posture

Notice of Motion / Ruling

Legal Issues

  1. 1 Whether the consent order was validly recorded by the court.
  2. 2 Whether all affected parties were present and consented to the order.

Ratio Decidendi

The court found that the impugned consent order was not valid because it was not recorded by the court in the presence of all affected parties, nor did all parties append their signatures to the court record to signify their consent. This procedural irregularity rendered the consent order invalid, and as such, the application to set aside the consent order was allowed.

Court Disposition

application allowed

Orders

  • Notice of Motion dated 18th March 2015 is allowed.
  • The impugned consent order is set aside.