[2024] KEELC 5768 (KLR)

[2024] KEELC 5768 (KLR)

The court found that the consent order on costs, duly signed by counsel for both parties, was cogent and merited adoption as the final order of the court. The court was guided by the constitutional principles of alternative dispute resolution and the statutory mandate to facilitate just, expeditious, proportionate,...

Source-derived case information.

Citation
[2024] KEELC 5768 (KLR)
Parties
Plaintiff: Jinat Investments Limited; Defendant: County Government Of Migori; Defendant: Chief Office Lands, Housing and Physical Planning
Court
Environment and Land Court
Court Station
Environment and Land Court at Migori
Jurisdiction
Kenya
Case Number
Environment & Land Case 85 of 2017
Procedural Posture
Environment and Land Case / Ruling on Consent Order and Costs
Outcome
Suit marked as settled by consent; consent order on costs adopted as final order of the court.
Judges
GMA Ongondo
Legal Topics
Consent Orders, Party to Party Costs, Settlement of Suit
Source Language
en
Land and Property Consent Orders Party to Party Costs Settlement of Suit

Source-derived case record

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Parties

Jinat Investments Limited

Plaintiff

County Government Of Migori

Defendant

Chief Office Lands, Housing and Physical Planning

Defendant

Procedural Posture

Environment and Land Case / Ruling on Consent Order and Costs

Legal Issues

  1. 1 Whether the consent order on costs between the parties should be adopted as the final order of the court.
  2. 2 Whether the agreed party to party costs are enforceable as per the consent.

Ratio Decidendi

The court found that the consent order on costs, duly signed by counsel for both parties, was cogent and merited adoption as the final order of the court. The court was guided by the constitutional principles of alternative dispute resolution and the statutory mandate to facilitate just, expeditious, proportionate, and accessible resolution of disputes. The consent, having been freely entered into and addressing all issues in dispute, was adopted as the order of the court, thereby settling the matter in full.

Court Disposition

Suit marked as settled by consent; consent order on costs adopted as final order of the court.

Orders

  • The consent order on costs dated 22nd June 2024 is adopted as the order of the court.
  • Party to party costs of KES 4,000,000 payable to the 1st defendant’s counsel within 21 days, failing which execution to issue.