[2016] KEHC 854 (KLR)
The court adopted the consent of the parties as its order, recognizing that all parties, including their advocates and the District Land Adjudication and Settlement Officer, had agreed to the terms. The consent provided for a joint site visit, preparation and filing of a report by the DLASO, and provision of...
Source-derived case information.
- Citation
- [2016] KEHC 854 (KLR)
- Parties
- Plaintiff: Japhet Bundi; Defendant: Timothy Marete; Respondent: District Land Adjudication and Settlement Officer Ruiri/Rwarera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 176 of 2013
- Procedural Posture
- Land and Environment Case / Consent Order Ruling
- Outcome
- Consent adopted as order of the court; directions given; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Consent Orders, Site Visits, Court Orders Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Bundi
Plaintiff
Timothy Marete
Defendant
District Land Adjudication and Settlement Officer Ruiri/Rwarera
Respondent
Procedural Posture
Land and Environment Case / Consent Order Ruling
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the directions for a site visit and report by the District Land Adjudication and Settlement Officer are appropriate.
Ratio Decidendi
The court adopted the consent of the parties as its order, recognizing that all parties, including their advocates and the District Land Adjudication and Settlement Officer, had agreed to the terms. The consent provided for a joint site visit, preparation and filing of a report by the DLASO, and provision of security by the OCS Tutwa Police Station. The court found no reason to withhold adoption of the consent, as it was properly executed and served the interests of justice in resolving the land dispute. Directions were set for a future date, and costs were ordered to be in the cause.
Court Disposition
Consent adopted as order of the court; directions given; costs in the cause.
Orders
- The consent dated 6th December, 2017 is adopted as an order of the court.
- Parties, their advocates, and the DLASO to visit the suit land on 14-02-2017 at 2:00 pm.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E&L NO. 176 OF 2013
JAPHET BUNDI..............................................................PLAINTIFF
VERSUS
TIMOTHY MARETE...................................................DEFENDANT
R U L I N G
1. On 6th December, 2016 the parties proffered a Consent which they asked the Court to adopt as its order.
2. The consent is dated 6th December, 2017. It is in the following terms.
“By Consent Mr. Gichunge Advocate for the Plaintiff and Mr. Kiongo for the District Land Adjudication and Settlement Officer Ruiri/ Rwarera adjudication Section Mr. Korir agree that;
1. Parties to this suit and their advocate and DLASO shall visit the suitland on 14-02-2017 at 2:00 pm.
2. The DLASO Ruiri /Rwarera to make a report on the visit and file it in Court.
3. Mr. Kiongo to ensure security is provided by the OCS Tutwa Police Station on the date for the scene visit.
3. The Consent is adopted as an order of this Court.
4. Directions on 28/02/2017.
5. Costs shall be in the cause.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 6TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF: -
C:A Daniel/James
Gichunge for the Plaintiff
Otieno C. for the Defendant
Mr. Korir -DLASO
Kiongo for AG
P. M. NJOROGE
JUDGE