[2017] KEELC 155 (KLR)
The court adopted the consent of the parties as its order, finding that the consent was properly signed and binding. The order maintains the status quo on the suit property, L.R KIANJAI/KIANJAI/754, in favour of the plaintiffs pending the hearing and determination of the case. The court further ordered that costs of...
Source-derived case information.
- Citation
- [2017] KEELC 155 (KLR)
- Parties
- Applicant: Miriam Nkatha Nchebere; Applicant: Esther Karwitha Mwiti; Respondent: Christine Nkuene Muchungi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 298 of 2017
- Procedural Posture
- Environment and Land Case / Consent Order
- Outcome
- Consent order adopted as order of the court.
- Legal Topics
- Status Quo Orders, Possession and Use, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Nkatha Nchebere
Applicant
Esther Karwitha Mwiti
Applicant
Christine Nkuene Muchungi
Respondent
Procedural Posture
Environment and Land Case / Consent Order
Legal Issues
- 1 Whether the status quo on L.R KIANJAI/KIANJAI/754 should be maintained pending determination of the case.
- 2 Whether costs of the application should be awarded to the plaintiff.
Ratio Decidendi
The court adopted the consent of the parties as its order, finding that the consent was properly signed and binding. The order maintains the status quo on the suit property, L.R KIANJAI/KIANJAI/754, in favour of the plaintiffs pending the hearing and determination of the case. The court further ordered that costs of the application are awarded to the plaintiffs, and set a mention date for pre-trial conference. The court emphasized that the consent, having been freely entered into by the parties and their advocates, is enforceable as a judgment of the court.
Court Disposition
Consent order adopted as order of the court.
Orders
- Status quo on L.R KIANJAI/KIANJAI/754 to be maintained in favour of the plaintiffs pending hearing and determination of the case.
- Costs of the application awarded to the plaintiffs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 298 OF 2017
MIRIAM NKATHA NCHEBERE............1ST PLAINTIFF /APPLICANT
ESTHER KARWITHA MWITI..............2ND PLAINTIFF/APPLICANT
(Both suing as the Legal representatives of
the estate of Namaan Nchebere Mutuamwari Alias Namaan
Nchebere Reria Alias Nchebere Riria –Deceased)
VERSUS
CHRISTINE NKUENE MUCHUNGI........DEFENDANT/RESPONDENT
CONSENT/ORDER
1. On 23. 10. 17, the advocates in this matter proffered the following Consent, which they asked the Court to adopt as its order.
"BY CONSENT
Application dated 04. 10. 17 be settled in the following terms;
i. That the status quo prevailing on L.R KIANJAI/KIANJAI/ 754 be maintained to the effect that it will be under possession and utility of the Plaintiff pending hearing and determination of the case.
ii. Costs of the application are awarded to Plaintiff.
iii. Mention for Pre Trial Conference before Deputy Registrar on 30:11:17.
2. I find that the Consent is properly signed and is binding upon the parties.
3. Parties shall bear their own costs.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
CarlPeters Mbaabu for Applicant present
Miss Njenga for Defendant Present
HON. L. N. MBUGUA
ELC JUDGE