In the Matter or Alleged Contravention of Fundamental Rights and Freedoms under Article 40 and 47 of the Constitution of Kenya, 2010 [2017] KEELC 196 (KLR)
- Citation
- [2017] KEELC 196 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Environment and Land Court
- Posture
- Constitutional Application / Consent Order
- Case number
- Environment & Land Case Case13 of 2017
- Language
- English
More details
- Court
- Environment and Land Court
- Posture
- Constitutional Application / Consent Order
- Case number
- Environment & Land Case Case13 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the consent dated 14th December 2017, signed by both parties' advocates, was properly executed and thus binding. The court adopted the consent as an order, directing the Government Valuer to visit Plot No. 123 and 112 at Mikinduri Market to ascertain their current market value and file a report within 45 days. The adoption of the consent as an order is in line with the principle that parties are bound by their agreements made in court, provided such agreements are lawful and properly executed.
Court disposition
Consent adopted as order of the court.
Orders
- The Government Valuer shall visit Plot No. 123 and 112 at Mikinduri Market to ascertain the current market value and file a report to the court within 45 days.
02
Material facts
Parties
Mwanzia
Applicant Counsel: MwanziaMiss Nkuubi
Respondent Counsel: Miss Nkuubi03
Procedural history
Posture
Constitutional Application / Consent Order
04
Questions and positions
Legal issues
- 01
Whether the parties consented to a valuation of Plot No. 123 and 112 at Mikinduri Market for purposes of ascertaining current market value.
- 02
Whether the consent should be adopted as an order of the court.
Party arguments
- Applicant
- The applicant, through counsel, consented to the appointment of the Government Valuer to visit and ascertain the current market value of Plot No. 123 and 112 at Mikinduri Market and to file a report within 45 days.
- Respondent
- The respondent, through counsel, similarly consented to the valuation exercise and the filing of the report, agreeing to the terms as recorded in the consent.
05
Court’s reasoning
Legal principles
- 01
Kenyan case law and general principles of civil procedure.
A consent order, once properly signed by parties and their advocates, is binding and enforceable as an order of the court.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the consent dated 14th December 2017, signed by both parties' advocates, was properly executed and thus binding. The court adopted the consent as an order, directing the Government Valuer to visit Plot No. 123 and 112 at Mikinduri Market to ascertain their current market value and file a report within 45 days. The adoption of the consent as an order is in line with the principle that parties are bound by their agreements made in court, provided such agreements are lawful and properly executed.
Court disposition
Consent adopted as order of the court.
- The Government Valuer shall visit Plot No. 123 and 112 at Mikinduri Market to ascertain the current market value and file a report to the court within 45 days.
Source and reliance status
Environment and Land Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Environment and Land Court
Judgment
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 13 OF 2017
IN THE MATTER OF CHAPTER FOUR –THE BILL OF RIGHTS
IN THE MATTER OF ARTICLE 19,20,21,22 AND 23 OF THE CONSTITUTION OF KENYA
IN THE MATTER OF ENFORCEMENT OF THE BILL OF RIGHTS
AND
IN THE MATTER OR ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLE 40 AND 47 OF THE CONSTITUTION OF KENYA, 2010
CONSENT ORDER
1. On 14:12:2017, the advocates in this matter proffered the following Consent, which they asked the Court to adopt as an order.
"BY CONSENT
(1) The Government Valuer do visit Plot No. 123 and 112 at Mikinduri Market for purpose of ascertaining the current market value and to file a report to this Court within 45 days.”
2. The Consent is properly signed and is binding upon the counsels.
3. Having recorded the consent dated 14:12:2017 and filed on the same day, it is hereby adopted as an order of this court.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Mwanzia for Petitioner present
Miss Nkuubi for Respondent present
HON. L. N. MBUGUA
ELC JUDGE
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