[2014] KEHC 162 (KLR)
The court adopted the written consent of the parties, marking the appeal as withdrawn with costs to the respondents. The consent order was made the order of the court, and the court declared itself functus officio, meaning it had no further jurisdiction over the substantive matters of the appeal except for the...
Source-derived case information.
- Citation
- [2014] KEHC 162 (KLR)
- Parties
- Appellant: M'RUKARIA NKUBITU; Respondent: JULIUS NTIRIBI RUKARIA; Respondent: MARY NCEKEI KIRIANKI
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 72 of 2009
- Procedural Posture
- Civil Appeal / Judgment on Withdrawal by Consent
- Outcome
- Appeal withdrawn by consent with costs to the respondents.
- Judges
- FM Njoroge
- Legal Topics
- Land Disputes Tribunal, Consent Orders, Withdrawal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'RUKARIA NKUBITU
Appellant
JULIUS NTIRIBI RUKARIA
Respondent
MARY NCEKEI KIRIANKI
Respondent
Procedural Posture
Civil Appeal / Judgment on Withdrawal by Consent
Legal Issues
- 1 Whether the Provincial LDT appeal panel of elders erred in law by affirming an illegal and irregular decision of the District Land Disputes Tribunal.
- 2 Whether the award confirmed by the panel of elders was contrary to sections 28, 29, and 30 of the Registered Land Act Cap 300.
- 3 Whether the appeal should be withdrawn by consent of the parties.
Ratio Decidendi
The court adopted the written consent of the parties, marking the appeal as withdrawn with costs to the respondents. The consent order was made the order of the court, and the court declared itself functus officio, meaning it had no further jurisdiction over the substantive matters of the appeal except for the taxation of costs. The withdrawal by consent precluded the parties from re-litigating the matters that were the subject of the appeal, except in relation to costs.
Court Disposition
Appeal withdrawn by consent with costs to the respondents.
Orders
- The appeal dated 20th July, 2009 is marked as withdrawn with costs to the respondents.
- Costs to be agreed. If not, to be taxed by the Deputy Registrar.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCA 72 OF 2009
M'RUKARIA NKUBITU.........................APPELANT
VERSUS
JULIUS NTIRIBI RUKARIA...............1ST RESPONDENT
MARY NCEKEI KIRIANKI.............2ND RESPONDENT
J U D G E M E N T
This appeal was filed vide a Memorandum of Appeal dated 20th July, 2009, which had the following grounds-
The Provincial LDT appeal panel of elders erred in law by affirming an illegal and irregular decision of the District Land Disputes Tribunal.
The panel of elders erred in law by proceeding to confirm the District Lands Tribunal award and award which is contrary to section 28, 29 and 30 of Registered Land Act Cap 300 Laws of Kenya.
The panel of Elders erred in law by confirming the District Tribunal award contrary to law.
On 23rd October, 2014 advocates for the parties asked the court to adopt a written consent which they had signed as an order of this Court. It was in the following terms:
“By consent of the advocates and parties, the appeal dated 20th July, 2009 is marked as withdrawn with costs to the respondents. Costs to be agreed. If not, to be taxed by the Deputy Registrar.”
The consent is adopted as an order of this court. The parties may not bring to court matters which were the subject of this appeal to court again, unless it is for taxing of the costs. For avoidance of doubt, this court declares itself functus officio.
Delivered in Open court at Meru this 23rd day of October, 2014 in the presence of:
Cc Daniel/Lilian
Miss Thibaru for the Respondents
Kaimenyi h/b Ogoti for the appellant
P. M. NJOROGE
JUDGE