[2017] KEELC 54 (KLR)
The court adopted the consent of the parties as an order of the court because it was properly executed by the advocates for both parties, addressed the interlocutory applications, regulated the occupation of the disputed land, set timelines for amendment and exchange of pleadings, and provided for an inhibition...
Source-derived case information.
- Citation
- [2017] KEELC 54 (KLR)
- Parties
- Plaintiff: Janerose Kaimenyi William; Defendant: Stanley Kirea Nabea
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 193 of 2016
- Procedural Posture
- Land and Property Suit / Consent Order
- Outcome
- Consent adopted as order of the court.
- Legal Topics
- Consent Orders, Land Occupation, Pleadings Amendment, Inhibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janerose Kaimenyi William
Plaintiff
Stanley Kirea Nabea
Defendant
Procedural Posture
Land and Property Suit / Consent Order
Legal Issues
- 1 Whether the parties' consent should be adopted as an order of the court.
- 2 Whether the defendant should remain in occupation of the disputed land pending determination.
- 3 Whether an inhibition order should be issued over the specified parcels of land.
Ratio Decidendi
The court adopted the consent of the parties as an order of the court because it was properly executed by the advocates for both parties, addressed the interlocutory applications, regulated the occupation of the disputed land, set timelines for amendment and exchange of pleadings, and provided for an inhibition order to preserve the suit property. The consent was found to be lawful, clear, and binding on the parties, and there was no evidence of fraud, coercion, or illegality. The court therefore found it appropriate to record and adopt the consent as its order, thereby disposing of the pending interlocutory matters and setting the case on course for pre-trial conference.
Court Disposition
Consent adopted as order of the court.
Orders
- Application dated 18:09:17 is allowed with costs in the cause.
- For the application of 22:08:17, prayer 2 is allowed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 193 OF 2016
JANEROSE KAIMENYI WILLIAM.............PLAINTIFF
VERSUS
STANLEY KIREA NABEA..........................DEFENDANT
CONSENT ORDER
1. On 04:12:2017, the advocates in this matter proffered the following Consent, which they asked the Court to adopt as an order.
"BY CONSENT
(1) Application of 18:09:17 is allowed with costs in the cause.
(2) For the application of 22:08:17, prayer 2 is allowed.
(3) Defendant to remain in occupation of the land he is currently occupying.
(4) Plaintiff to file and serve their amended Plaint and all Supporting documents within 7 days.
(5) Defendant to file and serve the defence and counter claim and all supporting documents within 28 days.
(6) Inhibition in prayer prayed for in prayer 5 is allowed (to remain in force in respect of ABOTHUGUCHI/UPPER KAONGO/2060 and 2061).
(7) Application dated 27:08:17 is marked as settled.
(8) Pre Trial Conference before Deputy Registry on 01:03:18”.
2. The Consent is properly signed and is binding upon the Counsels.
3. Having recorded the consent dated 4:12:2017 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 4TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Mwanzia for Defendant present
Mwiti H/B for Gikunda Anampiu for Plaintiff present
HON. L. N. MBUGUA
ELC JUDGE