[2018] KEELC 884 (KLR)
The court marked the suit as withdrawn upon the parties' mutual agreement to settle the matter out of court, with each party bearing its own costs. No substantive determination was made on the merits of the claims or defenses, as the withdrawal concluded the proceedings.
Source-derived case information.
- Citation
- [2018] KEELC 884 (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 / Withdrawal Before Judgment
- Outcome
- Suit withdrawn by consent; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Land Allocation, Land Registration, Injunctions, Withdrawal of Suit
- 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 / Withdrawal Before Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to a declaration that the suit parcels were set aside for its use and development.
- 2 Whether the plaintiff is entitled to registration of the suit parcels in its name.
- 3 Whether a permanent injunction should issue restraining the defendant from interfering with the suit parcels.
Ratio Decidendi
The court marked the suit as withdrawn upon the parties' mutual agreement to settle the matter out of court, with each party bearing its own costs. No substantive determination was made on the merits of the claims or defenses, as the withdrawal concluded the proceedings.
Court Disposition
Suit withdrawn by consent; no order as to costs.
Orders
- The suit is marked as withdrawn and removed from the register of pending ELC Cases at Chuka.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
24 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. By a plaint dated 7th December, 2010, the plaintiff seeks judgment against the defendant in the following terms:
a) A declaration that L.R. No. South Tharaka/Tunyai ‘A’/79 and South Tharaka/Tunyai ‘A’/136 were set aside by the defendant and its predecessors for use and development by the plaintiffs.
b) An order that the said parcels of land be registered in the name of the plaintiffs.
c) A permanent injunction restraining the defendant by itself and/or its agents from interfering, re-planning, surveying, allocating, selling or in any other manner disposing land parcels No. South Tharaka/Tunyai ‘A’/79 and South Tharaka/Tunyai ‘A’/136.
d) Costs and interest.
e) Any further or better relief this honourable court may deem fit to grant.
2. On 14th November, 2018, Mr. J. Mutuma, holding brief for Mr. Rimita, the plaintiff’s advocate, told the court that the parties had agreed to have the matter settled out of court. Mr. Murango Mwenda, the defendant’s advocate, confirmed this position. They both asked the court to mark the suit as withdrawn with no order as to costs.
3. In the circumstances, this suit is marked as withdrawn and should be removed from the register of pending ELC Cases at Chuka.
4. Parties are ordered to bear their own costs.
5. Orders accordingly.
Delivered in open court at Chuka this 14th day of November, 2018 in the presence of:
CA: Ndegwa
J. Mutuma h/b Rimita for the plaintiff
Murango Mwenda for the defendant
P.M. NJOROGE
JUDGE