[2019] KEELC 1220 (KLR)
The court found that the parties, through their duly instructed advocates, had reached a clear and unequivocal agreement on the dates for hearing the suit. The advocates' signatures on the record confirmed their clients' consent. There was no objection from any party. The court, therefore, adopted the agreement as...
Source-derived case information.
- Citation
- [2019] KEELC 1220 (KLR)
- Parties
- Plaintiff: Mohamud Iltarakwa Kochale; Plaintiff: Kochale Somo Chale; Plaintiff: Issa Jitewe Gambare; Plaintiff: David Tomasot Arakhole; Plaintiff: William Lengoyiap; Plaintiff: Sekotey Seye; Defendant: Lake Turkana Wind Power Ltd; Defendant: Marsabit County Government; Defendant: The Attorney General; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Interested Party: Aaron Iltele Lesianntam; Interested Party: Henry Parasian Sakalpo; Interested Party: Stephen Nakeno; Interested Party: Job Lmalsian Lengoya; Interested Party: Dair Lentipan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 163 of 2014
- Procedural Posture
- Environment and Land Case / Pre Trial Directions/order for Hearing Dates
- Outcome
- The parties' agreement on hearing dates is adopted as an order of the court.
- Legal Topics
- Case Management, Hearing Dates, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamud Iltarakwa Kochale
Plaintiff
Kochale Somo Chale
Plaintiff
Issa Jitewe Gambare
Plaintiff
David Tomasot Arakhole
Plaintiff
William Lengoyiap
Plaintiff
Sekotey Seye
Plaintiff
Lake Turkana Wind Power Ltd
Defendant
Marsabit County Government
Defendant
The Attorney General
Defendant
Chief Land Registrar
Defendant
The National Land Commission
Defendant
Aaron Iltele Lesianntam
Interested Party
Henry Parasian Sakalpo
Interested Party
Stephen Nakeno
Interested Party
Job Lmalsian Lengoya
Interested Party
Dair Lentipan
Interested Party
Procedural Posture
Environment and Land Case / Pre Trial Directions/order for Hearing Dates
Legal Issues
- 1 Whether the parties' agreement on hearing dates should be adopted as an order of the court.
Ratio Decidendi
The court found that the parties, through their duly instructed advocates, had reached a clear and unequivocal agreement on the dates for hearing the suit. The advocates' signatures on the record confirmed their clients' consent. There was no objection from any party. The court, therefore, adopted the agreement as an order, recognizing that such consensual arrangements facilitate efficient case management and are binding on the parties.
Court Disposition
The parties' agreement on hearing dates is adopted as an order of the court.
Orders
- The hearing of this suit shall take place between 20th January, 2020 and 23rd January, 2020 as agreed by the parties.
- The agreement reached by the parties on 23rd October, 2019 is adopted as an order of the court.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
MERU ELC CASE NO. 163 OF 2014
FORMERLY NAIROBI ELC NO. 1330 OF 20114
MOHAMUD ILTARAKWA KOCHALE.......................................................1ST PLAINTIFF
KOCHALE SOMO CHALE..........................................................................2ND PLAINTIFF
ISSA JITEWE GAMBARE..........................................................................3RD PLAINTIFF
DAVID TOMASOT ARAKHOLE................................................................4TH PLAINTIFF
WILLIAM LENGOYIAP...............................................................................5TH PLAINTIFF
SEKOTEY SEYE...........................................................................................6TH PLAINTIFF
VERSUS
LAKE TURKANA WIND POWER LTD.................................................1ST DEFENDANT
MARSABIT COUNTY GOVERNMENT.................................................2ND DEFENDANT
THE ATTORNEY GENERAL...................................................................3RD DEFENDANT
CHIEF LAND REGISTRAR......................................................................4TH DEFENDANT
THE NATIONAL LAND COMMISSION.................................................5TH DEFENDANT
AARON ILTELE LESIANNTAM................................................1ST INTERESTED PARTY
HENRY PARASIAN SAKALPO................................................2ND INTERESTED PARTY
STEPHEN NAKENO..................................................................3RD INTERESTED PARTY
JOB LMALSIAN LENGOYA.....................................................4TH INTERESTED PARTY
DAIR LENTIPAN........................................................................5TH INTERESTED PARTY
RULING
1. This Ruling concerns an understanding reached by the parties on 23rd October, 2019 that hearing of this suit will take place between 20th January, 2020 and 23rd January, 2020.
2. Through their signatures, the advocates representing the parties have legally affirmed this understanding.
3. This understanding is adopted as an order of this court.
Delivered in open Court at Meru this 23rd day of October, 2019 in the presence of:
Hon. N. Kahara – Deputy Registrar
M/s Hashi present as advocate for the Plaintiff
Wetangula present as advocate for the 1st Defendant
Minishi present as advocate for the 2nd Defendant
M/s Kung’u present as advocate for the 3rd and 4th Defendants
M/s Njuguna present as advocate for the 5th Defendants
Kiprop present as advocate for the Interested Parties
.............................. .................... ...........................
P. M. NJOROGE J.G. KIMEI Y. M. ANGIMA
JUDGE (PRESIDING) JUDGE JUDGE