[2018] KEELC 2319 (KLR)
The court granted a 30-day adjournment to allow the parties to explore an out of court settlement, noting that while such settlements are encouraged, the matter had already been pending for eight years, which is unsatisfactory. The court expressed regret that the hearing date, previously fixed by consent, was now...
Source-derived case information.
- Citation
- [2018] KEELC 2319 (KLR)
- Parties
- Plaintiff: Diocese of Meru Registered Trustees; Defendant: Tharaka Nithi County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 122 of 2017
- Procedural Posture
- Land and Property Suit / Adjournment for Out of Court Settlement Exploration
- Outcome
- Adjournment granted for 30 days to explore out of court settlement; hearing date fixed if settlement fails.
- Judges
- FM Njoroge
- Legal Topics
- Adjournment, Out of Court Settlement, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diocese of Meru Registered Trustees
Plaintiff
Tharaka Nithi County Government
Defendant
Procedural Posture
Land and Property Suit / Adjournment for Out of Court Settlement Exploration
Legal Issues
- 1 Whether the parties should be granted an adjournment to explore an out of court settlement.
- 2 Whether the delay in prosecution of the suit is justified.
Ratio Decidendi
The court granted a 30-day adjournment to allow the parties to explore an out of court settlement, noting that while such settlements are encouraged, the matter had already been pending for eight years, which is unsatisfactory. The court expressed regret that the hearing date, previously fixed by consent, was now being vacated for adjournment. The court made it clear that if no settlement is reached within the 30 days, the matter will proceed to hearing on a specified date by consent of the parties. This approach balances the encouragement of alternative dispute resolution with the need to avoid undue delay in the administration of justice.
Court Disposition
Adjournment granted for 30 days to explore out of court settlement; hearing date fixed if settlement fails.
Orders
- Parties are granted 30 days to explore an out of court settlement.
- If no agreement is reached, the suit will be heard on 18th September, 2018 by consent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 122 OF 2017
FORMERLY MERU ELC. 162 OF 2010
DIOCESE OF MERU REGISTERED TRUSTEES...............PLAINTIFF
VERSUS
THARAKA NITHI COUNTY GOVERNMENT..................DEFENDANT
RULING
1. This suit was slated for hearing on 24. 7.2018 when the parties intimated that they were seeking a 30 days adjournment in order to explore an out of court settlement.
2. Whereas this court encourages parties to seek out of court settlements, it regrets that today’s hearing date had been obtained through the parties’ consent only for them to come to court to seek an adjournment.
3. This suit was filed in 2010. Hence the matter has been in the judicial pipeline for eight years. This is not a satisfactory state of affairs.
4. The parties are granted 30 days to explore an out of court settlement.
5. If the parties do not agree, this suit will be heard, by consent, on 18th September, 2018.
6. It is so ordered.
Delivered in open court at Chuka this 24th day of July, 2018 in the presence of:
CA: Ndegwa
Muchiri for the plaintiff
Murango Mwenda for the defendant
P.M. NJOROGE
JUDGE