[2018] KEELC 3355 (KLR)
The court found that the consent entered into by the parties, including the Interested Party's willingness to transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant, resolved the substantive dispute. The Interested Party's application to withdraw from the proceedings was rendered moot...
Source-derived case information.
- Citation
- [2018] KEELC 3355 (KLR)
- Parties
- Applicant: Gerald Mbuuri Kabugu; Respondent: Cabinet Secretary, Ministry of Lands & Settlement; Respondent: Hon. Attorney General; Interested Party: Joseph Ikuura wa Zakayo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 01 of 2018
- Procedural Posture
- Judicial Review / Post Judgment; Adoption of Consent and Disposal of Pending Application
- Outcome
- Consent adopted as order of the court; land to be transferred to applicant; application to withdraw marked as heard and determined; each party to bear own costs.
- Legal Topics
- Adjudication Section Disputes, Ministerial Appeals, Consent Orders, Land Transfer, Withdrawal of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Mbuuri Kabugu
Applicant
Cabinet Secretary, Ministry of Lands & Settlement
Respondent
Hon. Attorney General
Respondent
Joseph Ikuura wa Zakayo
Interested Party
Procedural Posture
Judicial Review / Post Judgment; Adoption of Consent and Disposal of Pending Application
Legal Issues
- 1 Whether the consent between the parties regarding the transfer of Land Parcel No. 1807 Gatunga Adjudication Section should be adopted as an order of the court.
- 2 Whether the Interested Party's application to withdraw from the proceedings is merited after judgment has been delivered.
- 3 What orders should issue to effectuate the consent and resolve the dispute over the land parcel.
Ratio Decidendi
The court found that the consent entered into by the parties, including the Interested Party's willingness to transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant, resolved the substantive dispute. The Interested Party's application to withdraw from the proceedings was rendered moot by the consent and the delivery of judgment. The court, exercising its inherent powers under Section 3A of the Civil Procedure Act, adopted the consent as an order, directed the transfer of the land within 30 days, and provided for registration by the District Land Adjudication and Settlement Officer if the transfer was not effected. Each party was ordered to bear its own costs....
Court Disposition
Consent adopted as order of the court; land to be transferred to applicant; application to withdraw marked as heard and determined; each party to bear own costs.
Orders
- By consent, the intended appeal to the Minister is abandoned.
- The Interested Party, Joseph Ikuura wa Zakayo, is ordered to transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant, Gerald Mbuuri Kabugu, within 30 days.
Full Case Text
Judgment text and source record
56 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA JUDICIAL REVIEW CASE NO. 01 OF 2018
FORMERLY MISCELLANEOUS CIVIL CASE NO. 02 OF 2018
IN THE MATTER OF AN APPLICATION BY GERALD MBUURI KABUGU FOR ORDERS OF CERTIORARI AND
IN THE MATTER OF SECTIONS 8 AND 9 OF LAW REFORM ACT CAP 26 LAWS OF KENYA AND ORDER 53 CIVIL PROCEDURE RULES
AND
IN THE MATTER OF GATUNGA ADJUDICATION SECTION AND IN THE MATTER OF APPEAL TO THE MINISTER IN CHARGE OF LANDS AND SETTLEMENT NO. 123 OF 2017
GERALD MBUURI KABUGU.................................EX-PARTE APPLICANT
VERSUS
THE CABINET SECRETARY,
MINISTRY OF LANDS & SETTLEMENT.......................1ST RESPONDENT
THE HON. ATTORNEY GENERAL................................2ND RESPONDENT
JOSEPH IKURA WA ZAKAYO..................................INTERESTED PARTY
RULING
1. Upon delivery of Judgment in the Judicial Review proceedings, the parties proffered a consent to be adopted as an order of this court. The consent was in the following terms:
CHUKA ELC JR 1/2018
FORMERLY MISCELLANEOUS APPLICATION 2/2018
By consent of the parties and their advocates on record, it is hereby agreed as follows:
1. That the Interested party do transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant within 30 days of today.
2. Each party bear its costs
Murango Mwenda
For Ex-parte Applicant
Kiongo M. Justin
For Respondents
Joseph Ikuura wa Zakayo
Interested Party
DATED AT CHUKA THIS 14TH DAY OF MAY, 2018
2. Contemporaneously, the Interested Party had filed an application dated 11th May, 2018 which sought the following orders:
1. That the honourable court be pleased to grant leave to the Interested Party to withdraw himself from these proceedings.
2. That the honourable court be pleased to issue any other or further orders it may deem fit to grant.
3. Cost of this application be provided for.
3. The application has the following grounds:-
a) That the ex-parte applicant who is the 1st Respondent in the instant application commenced the instant proceedings before this Honourable Court and named the applicant in the instant application as an Interested Party.
b) That ex-parte applicant’s decision to file the instant proceedings was to seek orders to quash the decision & award passed by V. A. Matsalla on behalf of the Cabinet Secretary Ministry of Lands & Settlement dated 19th July, 2017.
c) That the said decision was in relation to an appeal to the Minister by Gerald Mbuuri Kabugu which was an appeal against the decision of objection No. 513/2013 which awarded land parcel Number 1807Gatunga Adjudication Section to the applicant.
d) That the applicant herein is a son (the 1st Respondent having been his sponsor during the circumcision) to the 1st Respondent in the instant application and as such he is not desirous to pursue any case against the said Respondent.
e) That the applicant who is also a pastor, had a careful reflection and consideration on the instant suit and therefore wishes to withdraw himself from being the Interested Party.
f) That the applicant is ready and willing to transfer land parcel Number 1807 Gatunga Adjudication Section to the 1st Respondent.
Dated at Meru this 11th day of May, 2018
JOSEPH IKUURA WA ZAKAYO
THE APPLICANT/INTERESTED PARTY
4. In view of the application dated 11th May, 2018 having been overtaken by events as a judgment has already been given, the application is marked as heard and determined.
5. In the Interest of Justice and in congruence with and in obeisance to the power generously donated to this court by Section 3A of the Civil Procedure Act, with regard to the consent, the following orders are issued:
(1) By consent, the Intended appeal to the Minister is hereby abandoned.
(2) The Interested Party, JOSEPH IKUURA WA ZAKAYO, is ordered to transfer Land Parcel No.1807 Gatunga Adjudication Section to the exparte applicant, GERALD MBUURI KABUGU, within the next 30 days.
(3) If order 2 above is not implemented, the District Land Adjudication and Settlement Officer is ordered to have the land registered in the name of GERALD MBUURI KABUGU upon expiry of the 30 days period stipulated in order 2 above.
(4) Parties to bear their own costs.
6. It is so ordered.
Delivered in open court at Chuka this 14th day of May, 2018 in the presence of:
CA: Ndegwa
Murango Mwenda for the Ex-parte Applicant
Kiongo for the Respondents
Joseph Ikuura Wa Zakayo – Interested Party
P.M. NJOROGE
JUDGE.