[2016] KEELC 67 (KLR)
The court adopted the consent of the parties to withdraw the preliminary objection as an order of the court. The preliminary objection was thus marked as settled, with costs to remain in the cause. The court did not make a determination on the merits of the preliminary objection, as the parties had agreed to...
Source-derived case information.
- Citation
- [2016] KEELC 67 (KLR)
- Parties
- Plaintiff: Joyce Muthenya M'Imana; Defendant: County Government of Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 116 of 2014
- Procedural Posture
- Land and Property Suit / Ruling on Preliminary Objection
- Outcome
- Preliminary objection withdrawn by consent; no determination on merits.
- Judges
- FM Njoroge
- Legal Topics
- Preliminary Objection, Land Consolidation Act, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Muthenya M'Imana
Plaintiff
County Government of Meru
Defendant
Procedural Posture
Land and Property Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the plaintiff's suit contravenes section 8(1) of the Land Consolidation Act.
- 2 Whether the suit should be struck out as bad in law.
Ratio Decidendi
The court adopted the consent of the parties to withdraw the preliminary objection as an order of the court. The preliminary objection was thus marked as settled, with costs to remain in the cause. The court did not make a determination on the merits of the preliminary objection, as the parties had agreed to withdraw it by consent. The ruling is based on the principle that parties may resolve interlocutory objections by consent, and such agreements, when adopted by the court, become binding orders.
Court Disposition
Preliminary objection withdrawn by consent; no determination on merits.
Orders
- The preliminary objection dated 13th March 2015 is marked as withdrawn by consent.
- Costs to remain in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
E&L CASE NO. 116 OF 2014
JOYCE MUTHENYA M'IMANA.....................................................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU...................................DEFENDANT
R U L I N G
1. The defendant's Notice Preliminary Objection on points of law is dated 13th March, 2016 and was filed on the same day.
2. The Preliminary Objection is in the following terms:-
TAKE NOTICEthat when this matter comes up for hearing , the Defendant shall raise a Preliminary Objection on a point of Law on the following grounds;
(1) THAT the plaintiff's suit is in contravention of section 8(1) of the Land Consolidation Act.
(2) THAT the suit is bad in Law and it should be struck out with costs.
3. On 08/12/2016, the parties proffered a Consent which is in the following terms:-
BY CONSENT of Advocates for both parties, the Preliminary Objection dated 13th day of March 2015 be and is hereby marked as withdrawn. The costs be in the cause.
4. The consent is hereby adopted as an order of this Court.
5. The Preliminary objection is marked as settled with costs to remain in the suit.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 8TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C:A James
Harun Gitonga for the Plaintiff
Dickson Kibiti for the Defendant
P.M. NJOROGE
JUDGE