[2017] KEELC 142 (KLR)
The court, upon the consent of both parties, ordered the lifting of the inhibition lodged on 30.07.15 (entry No. 2 in the register) to facilitate the settlement of the matter. The decision was based on the mutual agreement of the parties, and the court exercised its discretion to give effect to the consent, thereby...
Source-derived case information.
- Citation
- [2017] KEELC 142 (KLR)
- Parties
- Plaintiff: Japhet Nthiga Mitugo; Defendant: Henry Mwebia Zakayo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2004
- Procedural Posture
- Civil Suit / Order
- Outcome
- Inhibition lifted by consent to facilitate settlement.
- Legal Topics
- Land Inhibition, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Nthiga Mitugo
Plaintiff
Henry Mwebia Zakayo
Defendant
Procedural Posture
Civil Suit / Order
Legal Issues
- 1 Whether the inhibition lodged on 30.07.15 should be lifted to facilitate settlement.
Ratio Decidendi
The court, upon the consent of both parties, ordered the lifting of the inhibition lodged on 30.07.15 (entry No. 2 in the register) to facilitate the settlement of the matter. The decision was based on the mutual agreement of the parties, and the court exercised its discretion to give effect to the consent, thereby removing the legal restriction on the property in question.
Court Disposition
Inhibition lifted by consent to facilitate settlement.
Orders
- The inhibition lodged vide court order of 30.07.15 (entry No. 2 in the register) is hereby lifted to facilitate the settlement.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CIVIL SUIT NO 1 OF 2004
JAPHET NTHIGA MITUGO………………………………………PLAINTIFF
VERSUS
HENRY MWEBIA ZAKAYO……………………………………DEFENDANT
O R D E R
By consent the Inhibition lodged vide Court Order of 30. 07. 15 is hereby lifted to facilitate the settlement, (entry No. 2 in the register).
SIGNED, DATED AND DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:
CA:Janet
Nyamu Nyaga for Plaintiff
Defendant present in person
Hon. L.N .MBUGUA
ELC JUDGE