[2017] KEELC 196 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEELC 196 (KLR)
- Parties
- Applicant: Mwanzia; Respondent: Miss Nkuubi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case Case13 of 2017
- Procedural Posture
- Constitutional Application / Consent Order
- Outcome
- Consent adopted as order of the court.
- Legal Topics
- Bill of Rights Enforcement, Right to Property, Valuation of Land, Market Value Determination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanzia
Applicant
Miss Nkuubi
Respondent
Procedural Posture
Constitutional Application / Consent Order
Legal Issues
- 1 Whether the parties consented to a valuation of Plot No. 123 and 112 at Mikinduri Market for purposes of ascertaining current market value.
- 2 Whether the consent should be adopted as an order of the court.
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.
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.
Full Case Text
Judgment text and source record
21 paragraphs
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