[2023] KEELC 21038 (KLR)

[2023] KEELC 21038 (KLR)

The court found that the consent filed by the parties on 31/7/2023 effectively disposed of both the suit and the pending application. As a result, there was no need for the court to issue a substantive ruling on the application dated 8/5/2023. The matter was set for adoption of the consent before the Environment and...

Source-derived case information.

Citation
[2023] KEELC 21038 (KLR)
Parties
Plaintiff: Hyssop Properties Ltd; Defendant: Rose Wanjiku Njogu
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Case Number
Environment & Land Case 37 of 2023
Procedural Posture
Environment and Land Case / Ruling on Disposal by Consent
Outcome
Suit and application disposed of by consent; matter set for adoption of consent.
Judges
FM Njoroge
Legal Topics
Consent Judgment, Disposal of Suit, Environment and Land Court Procedure
Source Language
en
Land and Property Consent Judgment Disposal of Suit Environment and Land Court Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hyssop Properties Ltd

Plaintiff

Rose Wanjiku Njogu

Defendant

Procedural Posture

Environment and Land Case / Ruling on Disposal by Consent

Legal Issues

  1. 1 Whether the consent filed by the parties disposes of the suit and application.
  2. 2 Whether there is need for a substantive ruling on the application dated 8/5/2023.

Ratio Decidendi

The court found that the consent filed by the parties on 31/7/2023 effectively disposed of both the suit and the pending application. As a result, there was no need for the court to issue a substantive ruling on the application dated 8/5/2023. The matter was set for adoption of the consent before the Environment and Land Court at Nakuru, thereby concluding the dispute in accordance with the parties' agreement.

Court Disposition

Suit and application disposed of by consent; matter set for adoption of consent.

Orders

  • Parties to appear virtually before the Environment and Land Court at Nakuru on 1.11.2021 for adoption of the consent dated 31/7/2023.