[2015] KEELC 67 (KLR)
The court found that the consents presented by the plaintiff and the 2nd and 4th defendants were duly executed and represented a lawful settlement of the disputes between those parties. The court therefore adopted the consents as orders of the court, resulting in the withdrawal of the suit against the 2nd defendant...
Source-derived case information.
- Citation
- [2015] KEELC 67 (KLR)
- Parties
- Plaintiff: Isiolo Printing Press; Defendant: Robe Godana; Defendant: Isaiah Kobia; Defendant: Julius Menda; Defendant: Francis Gitonga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 289 of 2013
- Procedural Posture
- Land and Property Suit / Ruling on Adoption of Consent and Withdrawal
- Outcome
- Consents adopted as orders of the court; suit against 2nd and 4th defendants withdrawn and settled with no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Consent Judgment, Withdrawal of Suit, Land Ownership, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isiolo Printing Press
Plaintiff
Robe Godana
Defendant
Isaiah Kobia
Defendant
Julius Menda
Defendant
Francis Gitonga
Defendant
Procedural Posture
Land and Property Suit / Ruling on Adoption of Consent and Withdrawal
Legal Issues
- 1 Whether the consents entered between the plaintiff and the 2nd and 4th defendants should be adopted as orders of the court.
- 2 Whether the suit against the 2nd and 4th defendants should be marked as withdrawn and settled with no order as to costs.
Ratio Decidendi
The court found that the consents presented by the plaintiff and the 2nd and 4th defendants were duly executed and represented a lawful settlement of the disputes between those parties. The court therefore adopted the consents as orders of the court, resulting in the withdrawal of the suit against the 2nd defendant and the marking of the matter as settled between the plaintiff and the 4th defendant, with each party bearing its own costs. The orders reflect the parties' agreement regarding ownership and non-interference with land parcel No. ISIOLO 7918/558.
Court Disposition
Consents adopted as orders of the court; suit against 2nd and 4th defendants withdrawn and settled with no order as to costs.
Orders
- The consent dated 11th November, 2015 withdrawing the suit against the 2nd defendant is adopted as an order of the court.
- The consent dated 22nd October, 2015 confirming the plaintiff's ownership of land parcel No. ISIOLO 7918/558 and restraining the 4th defendant from interfering is adopted as an order of the court.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ENVIRONMENT AND LAND NO 289 OF 2013
ISIOLO PRINTING PRESS........................................................................PLAINTIFF
VERSUS
ROBE GODANA................................................................................1ST DEFENDANT
ISAIAH KOBIA .................................................................................2ND DEFENDANT
JULIUS MENDA ................................................................................3RD DEFENDANT
FRANCIS GITONGA................................................... .......................4TH DEFENDANT
R U L I N G
Two consents were tendered to Court today. The Parties prayed that the Consents be adopted as orders of this Court. The first Consent was in the following terms,
“CONSENT
By Consent of the Plaintiff herein ISIOLO PRINTING PRESS , his Advocates on record NJUNJIRI MICHAEL & CO and the 2nd Defendant’s Advocate, it is hereby agreed as follows:-
The case/suit against the 2nd Defendant herein ISAIAH KOBIA be and is hereby withdrawn by the Plaintiff”. The consent is dated 11th November, 2015 and is duly signed by the Parties.
The Second Consent signed by the 4th Defendant, FRANCIS GITONGA and the firm of NGUNJIRI MICHAEL & CO is dated 22nd October, 2015 and is in the following terms:-
“By Consent of the Plaintiff’s Advocate and the 4th record, kindly record the following:-
THATland parcel No. ISIOLO 7918/558 is the Plaintiff’s property.
THATthe Defendant shall not enter, build, cultivate, sell lease and/or otherwise howsoever interfere with the Plaintiff’s possession, user and/or enjoyment of land Parcel No. ISIOLO BLOCK 7918/558. Both parties know the said land on the ground.
THATthis matter be marked as settled between the Plaintiff and the 4th Defendant.
THATeach party (Plaintiff and 4th Defendant) do bear its own costs.
The two Consents are hereby adopted as orders of this Court. As a Consequence, the Plaintiff’s suit against the 2nd and the 4th Defendant is marked as withdrawn and settled with no orders as to costs.
It is so ordered.
Delivered in open Court at Meru this 11th day of November, 2015 in the presence of:-
CC: Daniel/Lilian
Ngunjiri for Plaintiff
Frank Gitonga for 2nd Defendant
Francis Gitonga (4th Defendant)
P. M. NJOROGE
JUDGE