[2016] KEHC 2961 (KLR)
The court adopted the consent of the parties as its order, finding that both parties, through their respective counsel, freely agreed to the terms regarding the release of compensation funds for compulsory acquisition of land. The court held that the consent was valid and enforceable, and thus ordered the National...
Source-derived case information.
- Citation
- [2016] KEHC 2961 (KLR)
- Parties
- Plaintiff: Fredrick M'Rutere; Defendant: Barnabas Kariuki Gathekia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 61 of 2015
- Procedural Posture
- Environment and Land Case / Consent Order Adoption
- Outcome
- Consent adopted as order of the court; application marked as settled.
- Judges
- FM Njoroge
- Legal Topics
- Compulsory Acquisition, Land Compensation, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick M'Rutere
Plaintiff
Barnabas Kariuki Gathekia
Defendant
Procedural Posture
Environment and Land Case / Consent Order Adoption
Legal Issues
- 1 Whether the consent between the parties regarding the release of compensation funds should be adopted as an order of the court.
- 2 How the compensation for compulsory acquisition of land should be distributed between the parties.
Ratio Decidendi
The court adopted the consent of the parties as its order, finding that both parties, through their respective counsel, freely agreed to the terms regarding the release of compensation funds for compulsory acquisition of land. The court held that the consent was valid and enforceable, and thus ordered the National Land Commission to release the compensation funds in equal shares to both parties. The application dated 7th September, 2015 was marked as settled, with costs to be in the cause. The court's decision was based on the principle that a consent order, once freely entered into by parties and adopted by the court, is binding and conclusive, unless set aside for fraud or collusion,...
Court Disposition
Consent adopted as order of the court; application marked as settled.
Orders
- All money held by National Land Commission in respect to compensation for compulsory acquisition of a portion of L.R No. NYAKI/MULATHNKARI/774 to be released to Barnabas Kariuki Gathekia and Fredrick M'Rutere in equal shares forthwith.
- The application dated 7th September, 2015 is marked as settled and costs shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO. 61 OF 2015
FREDRICK M'RUTERE............................................................APPLICANT/PLAINTIFF
VERSUS
BARNABAS KARIUKI GATHEKIA …..............................DEFENDANT/RESPONDENT
R U L I N G
1. On 14/09/2016, the parties proferred a Consent dated 14/09/2016 and asked the Court to adopt it as its order.
2. The Consent is in the following terms:-
“By Consent of both parties herein and their respective counsel, It is hereby agreed that:-
a) All the money held by National Land Commission in respect to compensation for compulsory acquisition of a portion of L.R No. NYAKI/MULATHNKARI/774 be released to Barnabas Kariuki Gathekia and Fredrick M' Rutere in equal shares forthwith.
b) The application dated 7th September, 2015 be marked as settled and its costs be in cause.
3. The Consent is adopted as an order of this Court.
4. Pursuant to the Consent all the money held by the National Land Commission in respect to compensation for compulsory acquisition of a portion of L.R NO. NYAKI/MULATHANKARI/774 be released to BARNABAS KARIUKI GATHEKIA and FREDRICK M'RUTERE in equal shares forthwith.
5. As per the Consent, the application dated 7th September, 2015 is marked as settled and costs shall be in the cause.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CC: Lilian/Daniel
Gichunge for the Defendant
Kimathi Kiara for the Plaintiff.
P.M. NJOROGE
JUDGE