[2023] KEELC 496 (KLR)
The court found that the consent dated January 26, 2023, was duly executed by the plaintiff, defendant, and 1st interested party, all of whom affirmed its terms in open court. There was no evidence of fraud, collusion, or any vitiating factor. The consent clearly set out the obligations of each party regarding the...
Source-derived case information.
- Citation
- [2023] KEELC 496 (KLR)
- Parties
- Plaintiff: Agabatus Ogalo Okoth; Defendant: Lawrence Morty Opiyo Okelo; Interested Party: Collins Omondi Achiles; Interested Party: Joseph Opiyo; Interested Party: District Land Registrare Homa-Bay
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 33 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Adoption of Consent
- Outcome
- Consent adopted as order of the court; suit fixed for mention to confirm compliance.
- Judges
- GMA Ongondo
- Legal Topics
- Land Transfer, Consent Orders, Removal of Restriction, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agabatus Ogalo Okoth
Plaintiff
Lawrence Morty Opiyo Okelo
Defendant
Collins Omondi Achiles
Interested Party
Joseph Opiyo
Interested Party
District Land Registrare Homa-Bay
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Adoption of Consent
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the defendant should transfer 2.9 acres of LR No Kabuoch/K/K/Karita/755 to the plaintiff as agreed.
- 3 Whether the plaintiff should remove the restriction on the land upon compliance with the consent terms.
Ratio Decidendi
The court found that the consent dated January 26, 2023, was duly executed by the plaintiff, defendant, and 1st interested party, all of whom affirmed its terms in open court. There was no evidence of fraud, collusion, or any vitiating factor. The consent clearly set out the obligations of each party regarding the transfer of 2.9 acres of LR No Kabuoch/K/K/Karita/755, the execution of necessary documents, and the removal of restriction upon compliance. The court, therefore, adopted the consent as an order, holding that it was binding on the parties and enforceable as such. The matter was fixed for mention to confirm compliance, and further directions were to be given as necessary.
Court Disposition
Consent adopted as order of the court; suit fixed for mention to confirm compliance.
Orders
- The consent dated January 26, 2023, is adopted as an order of the court in its entirety.
- The defendant shall transfer 2.9 acres of LR No Kabuoch/K/K/Karita/755 to the plaintiff at the plaintiff's cost.
Full Case Text
Judgment text and source record
29 paragraphs
Okoth v Okelo; Achiles & 2 others (Interested Parties) (Environment & Land Case 33 of 2021) [2023] KEELC 496 (KLR) (8 February 2023) (Ruling)
Neutral citation: [2023] KEELC 496 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 33 of 2021
GMA Ongondo, J
February 8, 2023
Between
Agabatus Ogalo Okoth
Plaintiff
and
Lawrence Morty Opiyo Okelo
Defendant
and
Collins Omondi Achiles
Interested Party
Joseph Opiyo
Interested Party
District Land Registrare Homa-Bay
Interested Party
Ruling
1. Learned counsel for the plaintiff, learned counsel for the defendant and the 1st interested party have drawn the attention of this court to a draft consent dated January 26, 2023 and duly filed herein.
2. The consent reads:a)That the defendant shall transfer a portion of land parcel known as LR No Kabuoch/K/K/Karita/755 measuring 2. 9 Acres only without any additional claim to the plaintiff at the plaintiff’s cost.b)That the defendant shall within 7 days of recording this consent, execute all the necessary documents including transfer forms, consent forms, mutations and any other document and/or form required for successful and effective transfer of 2. 9 acres of parcel of land parcel as LR No Kabuoch/K/K/Karita/755. c)That the defendant shall within 7 days of recording of this consent, surrender to the plaintiff’s Advocates copies of KRA pin certificate, national identification /document (ID), 3 coloured passport size photos and original Titled Deed of land parcel LR No Kabuoch/K/K/Karita/755 which is the subject of transfer.d)That upon compliance with the terms of the consent at paragraphs 2 and 3, the plaintiff shall remove the restriction that was registered in the land parcel No Kabuoch/K/K/Karita/755 immediately.e)That upon the removal of restriction referred to in paragraph 4 above, the interested parties shall be at liberty to transfer their own portions.f)That should the defendant fail to comply with the above terms of the consent; the plaintiff will be at liberty proceed with the hearing from where it stopped.
3. The plaintiff, Agubatus Ogola Okoth and his counsel, V Migai as well as the defendant, Lawrence Morty Opiyo Okello and his counsel, Ms Ochieng instructed by the firm of H Obach and partners advocates as well as the 1st interested party, Collins Omondi Achilles in person, have affirmed the consent.
4. In that regard, the consent in it’s entirety is adopted accordingly
5. The suit is fixed for February 27, 2023 to confirm compliance with the consent and for further directions.
6. The 2nd and 3rd interested parties to be served by the plaintiff’s counsel.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 8TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPresent:1. V Migai, learned counsel for the plaintiff.2. Ms Ochieng, learned counsel for the defendant3. 1st interested party, present in person.4. Okello, Court Assistant