[2017] KEELC 71 (KLR)
The court found that the consent presented by the parties, having been properly signed and agreed upon by their respective advocates, was binding and enforceable. The court adopted the consent as its order, thereby maintaining the inhibition on the land, establishing a joint rent collection mechanism, vacating...
Source-derived case information.
- Citation
- [2017] KEELC 71 (KLR)
- Parties
- Applicant: Mary Losike; Respondent: Enrico Ethbitar EminaE; Respondent: Francis Lokume Lekalasimi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 287 of 2017
- Procedural Posture
- Environment and Land Case / Consent Order
- Outcome
- Consent adopted as order of the court; parties to comply with agreed terms.
- Legal Topics
- Inhibition Orders, Status Quo Orders, Joint Rent Collection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Losike
Applicant
Enrico Ethbitar EminaE
Respondent
Francis Lokume Lekalasimi
Respondent
Procedural Posture
Environment and Land Case / Consent Order
Legal Issues
- 1 Whether the parties' consent on inhibition, rent collection, and status quo should be adopted as a binding court order.
- 2 Whether the injunctive orders should be vacated as per the consent terms.
Ratio Decidendi
The court found that the consent presented by the parties, having been properly signed and agreed upon by their respective advocates, was binding and enforceable. The court adopted the consent as its order, thereby maintaining the inhibition on the land, establishing a joint rent collection mechanism, vacating previous injunctive orders, and directing the parties to maintain the status quo with no development on the land. The court further ordered that each party bear their own costs, as agreed in the consent.
Court Disposition
Consent adopted as order of the court; parties to comply with agreed terms.
Orders
- Inhibition to remain in place pending hearing of the suit.
- Rent to be collected and deposited in the joint account of the respective advocates; plaintiff and defendant to collect rent on alternate months with plaintiff starting in November.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 287 OF 2017
MARY LOSIKE................................................................APPLICANT
VERSUS
ENRICO ETHBITAR EMINAE.........................1ST RESPONDENT
FRANCIS LOKUME LEKALASIMI................2ND RESPONDENT
CONSENT/ORDER
1. On 12. 10. 17, the advocate’s parties in this matter proffered the following Consent, which they asked the Court to adopt as its order.
"BY CONSENT
(1) Inhibition (captured as prayer 3 in the application) to remain in place pending the hearing of the suit.
(2) The rent to be collected and to be deposited in the joint account of the respective Advocates. The Plaintiff and Defendant to collect the rent on alternative months with Plaintiff starting to collect in November and to deposit in the aforementioned account.
(3) Status quo on the land to remain which entails;
i. No development on the land.
ii. Injunctive orders are vacated.
(4) Defendants to comply within 14 days.
(5) Mention on 27. 11. 17 for PTD.
2. I find that the Consent is properly signed and is binding upon the Counsels.
3. Parties shall bear their own costs.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 12TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
C.A: Janet/Haway
Thangicia for Plaintiff
Ashaba for Defendant
HON. L. N. MBUGUA
ELC JUDGE