[2017] KEELC 2025 (KLR)

[2017] KEELC 2025 (KLR)

The court adopted the consent signed by the parties' advocates as an order of the court, finding no reason to depart from the agreement reached by the parties. The consent addressed the adjournment of the hearing and set clear timelines for the filing of final submissions by both parties. The court emphasized the...

Source-derived case information.

Citation
[2017] KEELC 2025 (KLR)
Parties
Plaintiff: Rahab Mumbi Kimani; Defendant: Damaris Wanjiku Gachoka
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 570 of 2008
Procedural Posture
Land and Property Case / Interlocutory Ruling on Consent Orders
Outcome
Consent adopted as order of the court; hearing adjourned; directions issued for filing submissions and next appearance.
Judges
FM Njoroge
Legal Topics
Adjournment of Hearing, Filing of Submissions, Consent Orders
Source Language
en
Land and Property Adjournment of Hearing Filing of Submissions Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rahab Mumbi Kimani

Plaintiff

Damaris Wanjiku Gachoka

Defendant

Procedural Posture

Land and Property Case / Interlocutory Ruling on Consent Orders

Legal Issues

  1. 1 Whether the consent signed by the parties' advocates should be adopted as an order of the court.
  2. 2 Whether the timelines for filing submissions should be extended as per the consent.

Ratio Decidendi

The court adopted the consent signed by the parties' advocates as an order of the court, finding no reason to depart from the agreement reached by the parties. The consent addressed the adjournment of the hearing and set clear timelines for the filing of final submissions by both parties. The court emphasized the binding nature of consents entered into by parties and their advocates, provided they are not contrary to law or public policy. Accordingly, the consent was adopted, and directions were given for the parties to appear in court on the rescheduled date for further directions.

Court Disposition

Consent adopted as order of the court; hearing adjourned; directions issued for filing submissions and next appearance.

Orders

  • The hearing of this case scheduled for 27th July, 2017 is adjourned to 6th November, 2017.
  • The plaintiff is granted an extension of fourteen (14) days from the date hereof to file final submissions.