[2017] KEELC 38 (KLR)
The court adopted the consent of the parties as its order, finding that the consent was properly signed and binding. The parties agreed to maintain the status quo, specifically that no construction would take place on the suit land and each party would continue occupying their current portion. The court further...
Source-derived case information.
- Citation
- [2017] KEELC 38 (KLR)
- Parties
- Plaintiff: Miriam Nthama Mutwiri; Defendant: Joseph Mungathia Machoki; Defendant: Geoffrey Kaumbuthu; Defendant: Albert Mutabari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 308 of 2017
- Procedural Posture
- Land and Property Dispute / Consent Order
- Outcome
- Application settled by consent; status quo to be maintained; each party to bear own costs.
- Legal Topics
- Status Quo Orders, Occupation of Land, Construction Restrictions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Nthama Mutwiri
Plaintiff
Joseph Mungathia Machoki
Defendant
Geoffrey Kaumbuthu
Defendant
Albert Mutabari
Defendant
Procedural Posture
Land and Property Dispute / Consent Order
Legal Issues
- 1 Whether the parties should maintain the status quo regarding occupation and construction on the suit land pending further proceedings.
Ratio Decidendi
The court adopted the consent of the parties as its order, finding that the consent was properly signed and binding. The parties agreed to maintain the status quo, specifically that no construction would take place on the suit land and each party would continue occupying their current portion. The court further ordered that each party bear their own costs, thereby settling the application dated 10.10.17 by consent and preserving the current state of affairs until the pre-trial conference.
Court Disposition
Application settled by consent; status quo to be maintained; each party to bear own costs.
Orders
- Application dated 10.10.17 is settled by maintaining status quo: no party to construct on the suit land.
- Each party to continue occupying the portion of land they currently occupy.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 308 OF 2017
MIRIAM NTHAMA MUTWIRI.......................PLAINTIFF
VERSUS
JOSEPH MUNGATHIA MACHOKI....1ST DEFENDANT
GEOFFREY KAUMBUTHU...............2ND DEFENDANT
ALBERT MUTABARI..........................3RD DEFENDANT
CONSENT/ORDER
1. On 23. 10. 17, the advocates in this matter proffered the following Consent, which they asked the Court to adopt as its order.
"BY CONSENT
Application dated 10. 10. 17 is settled by way of maintaining status quo which entails that;
i. None of the parties is to construct on the suit land.
ii. Each party to continue occupying the portion of the land they are occupying.
Pre Trial Conference before Deputy Registry on 29. 11. 17”.
2. I find that the Consent is properly signed and is binding upon the parties
3. Parties shall bear their own costs.
4. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 23rd DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
L. Kimathi for Plaintiff present
Wamache for Defendants present
HON. L. N. MBUGUA
ELC JUDGE