[2024] KEELC 4932 (KLR)

[2024] KEELC 4932 (KLR)

The court found that since the parties had filed a consent dated 18th June, 2024, in which the defendant/respondent withdrew the notice of preliminary objection and both parties agreed to bear their own costs, there was no longer any live issue for determination regarding the preliminary objection. The court...

Source-derived case information.

Citation
[2024] KEELC 4932 (KLR)
Parties
Plaintiff: John Rakita Kirorei; Plaintiff: Simon Nkoitoi Ole Kirorei; Defendant: Popotie Ole Kitita
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Case Number
Environment and Land Case Civil Suit E001 of 2023
Procedural Posture
Civil Suit / Ruling on Preliminary Objection (withdrawn by Consent)
Outcome
Preliminary objection withdrawn by consent; each party to bear its own costs in respect of the preliminary objection.
Judges
CG Mbogo
Legal Topics
Preliminary Objection, Withdrawal of Application, Consent Orders, Costs Orders
Source Language
en
Civil Procedure Land and Property Preliminary Objection Withdrawal of Application Consent Orders Costs Orders

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Summary, issues, holding and outcome

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Parties

John Rakita Kirorei

Plaintiff

Simon Nkoitoi Ole Kirorei

Plaintiff

Popotie Ole Kitita

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objection (withdrawn by Consent)

Legal Issues

  1. 1 Whether the preliminary objection dated 8th May, 2023 should be determined or withdrawn by consent of the parties.
  2. 2 Who should bear the costs of the withdrawn preliminary objection.

Ratio Decidendi

The court found that since the parties had filed a consent dated 18th June, 2024, in which the defendant/respondent withdrew the notice of preliminary objection and both parties agreed to bear their own costs, there was no longer any live issue for determination regarding the preliminary objection. The court accordingly adopted the consent as an order of the court, thereby formalizing the withdrawal of the preliminary objection and the agreement on costs. The ruling underscores the principle that parties are at liberty to compromise or settle interlocutory matters by consent, and such consent, once adopted by the court, is binding and disposes of the matter in accordance with its terms.

Court Disposition

Preliminary objection withdrawn by consent; each party to bear its own costs in respect of the preliminary objection.

Orders

  • The defendant/respondent withdraws the notice of preliminary objection dated 8th May, 2023.
  • Each party to bear its own costs in respect of the preliminary objection dated 8th May, 2023.