[2020] KEELC 1256 (KLR)
The court adopted the consent of the parties as its order, recognizing that parties are at liberty to compromise their disputes and that such consent, once adopted, is binding as a judgment of the court. Upon subsequent application by the parties, the court exercised its discretion to extend the period for...
Source-derived case information.
- Citation
- [2020] KEELC 1256 (KLR)
- Parties
- Plaintiff: M’Nyeri M’Rimunya; Defendant: Beth Kaari; Defendant: Prudence Mukiri; Defendant: Phares Gitari Nkoroi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 221 of 2017
- Procedural Posture
- Land and Property / Ruling on Adoption and Extension of Consent
- Outcome
- Consent adopted as order of the court; extension of time granted.
- Legal Topics
- Consent Orders, Taxed Costs, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Nyeri M’Rimunya
Plaintiff
Beth Kaari
Defendant
Prudence Mukiri
Defendant
Phares Gitari Nkoroi
Defendant
Procedural Posture
Land and Property / Ruling on Adoption and Extension of Consent
Legal Issues
- 1 Whether the consent between the parties should be adopted as an order of the court.
- 2 Whether the period for compliance with the consent should be extended.
Ratio Decidendi
The court adopted the consent of the parties as its order, recognizing that parties are at liberty to compromise their disputes and that such consent, once adopted, is binding as a judgment of the court. Upon subsequent application by the parties, the court exercised its discretion to extend the period for compliance with the consent, specifically the payment of taxed costs, up to 10th November, 2020. The court found no reason to deny the extension since it was a joint request and did not prejudice any party.
Court Disposition
Consent adopted as order of the court; extension of time granted.
Orders
- The consent dated 25th February, 2020 is adopted as an order of the court.
- The period for compliance with the consent is extended up to 10th November, 2020.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 221 OF 2017
M’NYERI M’RIMUNYA...................PLAINTIFF
VERSUS
BETH KAARI..........................1ST DEFENDANT
PRUDENCE MUKIRI..............2ND DEFENDANT
PHARES GITARI NKOROI...3RD DEFENDANT
RULING
1. On 25th February, 2020, the parties asked the court to adopt a consent in the following terms as its order:
CONSENT
By Consent
1. The matter be mentioned after four (4) months to confirm the payment of taxed costs ie Kshs. Four Hundred and Eighty Five Thousand, One Hundred and Ninety One Shillings and Thirty Three Cents (485,191. 33) only.
2. The consent is adopted as an order of this court.
3. By consent, the parties will come to court on 2. 6.2020 to confirm compliance with the consent.
4. Costs shall be in the cause.
2. Today, the 28th day of September, 2020 the parties asked the court to extend that consent upto 10th November, 2020.
3. Consequently, the consent is extended up to 10th November, 2020.
Delivered in open Court at Chuka this 28th day of September, 2020 in the presence of:
CA: Ndegwa
Muthomi for the Plaintiff
Munyori for the defendants
P. M. NJOROGE,
JUDGE.