[2019] KEELC 878 (KLR)

[2019] KEELC 878 (KLR)

The court adopted the consent of the parties as its order, recognizing that the parties had freely agreed on the procedure and timelines for hearing the plaintiff's application dated 27th February 2019. The court found no reason to interfere with the consent, as it was properly executed by counsel for the respective...

Source-derived case information.

Citation
[2019] KEELC 878 (KLR)
Parties
Plaintiff: Njiru Micheni Nthiga (suing as a legal representative and administrator of the estate of the deceased Leonard R.I. Nthiga); Defendant: The Governor, Tharaka Nithi County Government; Defendant: County Government of Tharaka Nithi; Defendant: The Member of County Assembly, Magumoni Ward; Defendant: The Chief Officer, Roads and Infrastructure Tharaka Nithi County; Defendant: The Chief Officer, Lands, Physical Planning and Urban Development Tharaka Nithi County; Defendant: Westomaxx Investment Ltd
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 02 of 2019
Procedural Posture
Land and Environment Case / Interlocutory; Adoption of Consent Order on Directions for Hearing of Application
Outcome
Consent adopted as order of the court; directions issued for hearing of application.
Judges
FM Njoroge
Legal Topics
Consent Orders, Case Management, Written Submissions, Estate Administration
Source Language
en
Land and Property Consent Orders Case Management Written Submissions Estate Administration

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Parties

Njiru Micheni Nthiga (suing as a legal representative and administrator of the estate of the deceased Leonard R.I. Nthiga)

Plaintiff

The Governor, Tharaka Nithi County Government

Defendant

County Government of Tharaka Nithi

Defendant

The Member of County Assembly, Magumoni Ward

Defendant

The Chief Officer, Roads and Infrastructure Tharaka Nithi County

Defendant

The Chief Officer, Lands, Physical Planning and Urban Development Tharaka Nithi County

Defendant

Westomaxx Investment Ltd

Defendant

Procedural Posture

Land and Environment Case / Interlocutory; Adoption of Consent Order on Directions for Hearing of Application

Legal Issues

  1. 1 Whether the parties' consent on the mode and timelines for hearing the plaintiff's application should be adopted as an order of the court.
  2. 2 Whether directions for filing responses, affidavits, and submissions are appropriate in the circumstances.

Ratio Decidendi

The court adopted the consent of the parties as its order, recognizing that the parties had freely agreed on the procedure and timelines for hearing the plaintiff's application dated 27th February 2019. The court found no reason to interfere with the consent, as it was properly executed by counsel for the respective parties and was consistent with the court's duty to facilitate the just, expeditious, and efficient disposal of cases. The directions for filing responses, further affidavits, and written submissions were appropriate and would enable the court to determine the application on its merits. The matter was set for mention to take a ruling date, and the consent was made an order of...

Court Disposition

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

Orders

  • Plaintiff's application dated 27th February 2019 to be heard by way of written submissions.
  • The 1st, 2nd, 4th to 6th defendants to file a response within 14 days.