[2015] KEHC 1247 (KLR)
The court adopted the consent presented by the parties as an order of the court, recognizing that all parties, through their advocates, had agreed to the terms. The consent provided for timelines for replying to affidavits and submissions, set a date for highlighting submissions and taking directions, and allowed...
Source-derived case information.
- Citation
- [2015] KEHC 1247 (KLR)
- Parties
- Plaintiff: Diocese of Meru Trustees Registered; Defendant: Dennis Kimathi Kiogi; Defendant: Simon Maina Munene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 75 of 2015
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Consent Orders
- Outcome
- Consent adopted as an order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Orders, Consent Orders, Construction Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Diocese of Meru Trustees Registered
Plaintiff
Dennis Kimathi Kiogi
Defendant
Simon Maina Munene
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Consent Orders
Legal Issues
- 1 Whether the consent between the parties should be adopted as an order of the court.
- 2 Whether the defendants should be allowed to complete the roof at the second floor pending determination of the application.
- 3 Timelines for filing replies and submissions regarding the application dated 26th August, 2015.
Ratio Decidendi
The court adopted the consent presented by the parties as an order of the court, recognizing that all parties, through their advocates, had agreed to the terms. The consent provided for timelines for replying to affidavits and submissions, set a date for highlighting submissions and taking directions, and allowed the defendants to complete the roof at the second floor but not proceed further until the application is decided. The court exercised its discretion to preserve the status quo and ensure orderly conduct of proceedings, in line with the parties' agreement and the need to avoid prejudice to either side.
Court Disposition
Consent adopted as an order of the court.
Orders
- Defendants/respondents allowed 7 days to reply to the supplementary affidavit filed by the applicant/plaintiff.
- Upon service of the reply, the applicant/plaintiff to file written submissions in support of the application dated 26th August, 2015 within 10 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO. 75 OF 2015
DIOCESE OF MERU TRUSTEES REGISTRED.......................................PLAINTIFF
VERSUS
DENNIS KIMATHI KIOGI................................................................1ST DEFENDANT
SIMON MAINA MUNENE.................................................................2ND DEFENDANT
R U L I N G
On 19. 10. 2015, the advocates representing the parties proffered a consent for adoption as an order of this court: The consent is in the following terms:
“1. Defendants/Respondents be allowed 7 days to reply to the Supplementary Affidavit filed by the Applicant/Plaintiff.
2. Upon service of the said reply, the Applicant/Plaintiff to put in written submissions in support of the application dated 26th August, 2015 within 10 days. The Defendants/Respondents to put their written submissions opposition of the said application within 10 days upon service.
3. Advocates for the parties to highlight the said sub-missions on 12th November, 2015 and take directions for the Ruling.
4. Further to the above the defendants may complete the roof at second floor but not go further until the application is decided.
The consent is adopted as an order of of this Court.
It is so ordered
Delivered in Open Court at Meru this 19th day of October, 2015 in the presence of:
Cc. Lilian/Daniel
Rimita for the Plaintiff
Mutuma for the Defendant
P. M. NJOROGE
JUDGE