[2017] KEELC 1127 (KLR)

[2017] KEELC 1127 (KLR)

The court adopted the consent reached by the parties as its order, recognizing that all parties were represented and in agreement. The consent provided for a joint site visit by the Executive Officer, Land Registrar, Land Surveyor, and the parties' surveyors to prepare a report within 45 days, with costs to be borne...

Source-derived case information.

Citation
[2017] KEELC 1127 (KLR)
Parties
Plaintiff: Mutegi Mugwetwa; Defendant: County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi; Defendant: County Government of Tharaka Nithi Director General; Defendant: Kenya Urban Rural Authority; Defendant: Kenya Urban Roads Authority; Defendant: The Regional Manager-Upper Eastern (Kenya Urban Roads Authority); Defendant: Territorial Works (K) Ltd
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 215 of 2017
Procedural Posture
Land and Environment Case / Consent Order Ruling
Outcome
Consent adopted as order of the court; directions issued for implementation.
Judges
FM Njoroge
Legal Topics
Consent Orders, Status Quo Orders, Site Visits, Land Survey, Court Orders Implementation
Source Language
en
Land and Property Consent Orders Status Quo Orders Site Visits Land Survey Court Orders Implementation

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Summary, issues, holding and outcome

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Parties

Mutegi Mugwetwa

Plaintiff

County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi

Defendant

County Government of Tharaka Nithi Director General

Defendant

Kenya Urban Rural Authority

Defendant

Kenya Urban Roads Authority

Defendant

The Regional Manager-Upper Eastern (Kenya Urban Roads Authority)

Defendant

Territorial Works (K) Ltd

Defendant

Procedural Posture

Land and Environment Case / Consent Order Ruling

Legal Issues

  1. 1 Whether the consent between the parties should be adopted as an order of the court.
  2. 2 Whether the status quo should be maintained pending the preparation of a joint report by the parties' surveyors and officials.

Ratio Decidendi

The court adopted the consent reached by the parties as its order, recognizing that all parties were represented and in agreement. The consent provided for a joint site visit by the Executive Officer, Land Registrar, Land Surveyor, and the parties' surveyors to prepare a report within 45 days, with costs to be borne by the plaintiff and the status quo to be maintained. The court further directed the advocates for the plaintiff and the 3rd to 5th defendants to oversee the implementation of the consent. The adoption of the consent as a court order ensures that the dispute resolution process is advanced in accordance with the parties' agreement and the law.

Court Disposition

Consent adopted as order of the court; directions issued for implementation.

Orders

  • The consent filed by the parties is adopted as an order of the court.
  • The Executive Officer, Land Registrar, Land Surveyor, and the parties' surveyors shall visit the scene and prepare a report within 45 days.