[2017] KEELC 50 (KLR)
The court adopted the consent of the parties as its judgment, finding that the consent was properly signed and binding. The court issued an order of certiorari to quash the decision of the Meru Central District Land Disputes Tribunal-Nkuene Division Case No. 3 of 2008. The court further ordered that the interested...
Source-derived case information.
- Citation
- [2017] KEELC 50 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Meru Central Land Disputes Tribunal; Respondent: Land Disputes Tribunal (Nkuene Division); Interested Party: Nicodemus Gituma Rukaria; Applicant: Peter Murithi Rukaria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 46 of 2008
- Procedural Posture
- Miscellaneous Application / Consent Judgment
- Outcome
- suit settled by consent; orders issued as per consent judgment
- Legal Topics
- Judicial Review, Certiorari, Land Disputes Tribunal, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Chairman Meru Central Land Disputes Tribunal
Respondent
Land Disputes Tribunal (Nkuene Division)
Respondent
Nicodemus Gituma Rukaria
Interested Party
Peter Murithi Rukaria
Applicant
Procedural Posture
Miscellaneous Application / Consent Judgment
Legal Issues
- 1 Whether the decision of the Meru Central District Land Disputes Tribunal-Nkuene Division Case No. 3 of 2008 should be quashed by certiorari.
- 2 Whether the interested party should be allowed to occupy a portion of the disputed land pending sub-division and distribution.
- 3 Whether the consent judgment is binding and properly executed by the parties.
Ratio Decidendi
The court adopted the consent of the parties as its judgment, finding that the consent was properly signed and binding. The court issued an order of certiorari to quash the decision of the Meru Central District Land Disputes Tribunal-Nkuene Division Case No. 3 of 2008. The court further ordered that the interested party be allowed to occupy a portion of the disputed land pending sub-division and distribution among the ex-parte applicant's children. Each party was ordered to bear its own costs. The suit was marked as settled and the file was to be archived. The court's decision was based on the binding nature of consent judgments and the availability of judicial review remedies where a...
Court Disposition
suit settled by consent; orders issued as per consent judgment
Orders
- The ex-parte applicant’s application dated 8th July 2008 is allowed.
- An order of certiorari is issued to quash the decision and/or award of the Meru Central District Land Disputes Tribunal-Nkuene Division Case No. 3 of 2008 dated 31/3/2008.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISC.CIVIL APP. NO. 46 OF 2008
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF CERTIORARI /
PROHIBITION AGAINST THE MERU CENTRAL LAND DISPUTES TRIBUNAL –NKUENE DIVISION
AND
IN THE MATTER OF SECTIONS 8 & 9 OF THE LAW REFORM ACT (CAP 26 L.O.K
AND
IN THE, MATTER OF REGISTERED LAND ACT DISPUTES TRIBUNAL CASE NO.3 OF 2008
AND
IN THE MATTER OF MERU CHIEF MAGISTRATE LDT NO. 20 OF 2008
AND
IN THE MATTER OF LAND PARCEL L.R NO. NKUENE/URUKU/561
REPUBLIC........................................................................................APPLICANT
VERSUS
THE CHAIRMAN MERU CENTRAL LAND
DISPUTES TRIBUNAL...........................................................1ST RESPONDENT
LAND SISPUTES TRIBUNAL (NKUENE DIVISION)......2ND RESPONDENT
NICODEMUS GITUMA RUKARIA................................INTERESTED PARTY
PETER MURITHI RUKARIA..............................................................EX-PARTE
CONSENT/JUDGMENT
1. On 24th May, 2017, the Advocates for the parties and the State Counsel in this matter proffered the following Consent, which they asked the Court to adopt as its Judgment.
"BY CONSENT
(1) That the Ex-Parte applicant’s application dated 8th July 2008 be allowed.
(2) That an order of Certiorari be issued to call for and quash the decision and/or award of the Meru Central District Land Disputes Tribunal-Nkuene Division Case No. 3 of 2008 dated 31/3/2008.
(3) That the Ex-parte Applicant to allow the interested party to occupy a portion of land measuring ¼ acre in his land parcel LR.NO. NKUENE/URUKU/561 pending sub-division and distribution of the same between the Ex-parte Applicant children.
(4) That each party to bear its own costs for the suit”.
2. I find that the Consent is properly signed and is binding upon the parties.
3. A consent Judgment dated 24:05:17 is hereby adopted as a Judgment of the Court.
4. The Suit is marked as settled. File to be taken to the archives.
5. Parties shall bear their own costs.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 13TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Kithinji for Ex-Parte Applicant present
Kiango for 1st and 2nd Respondent present
Interested Party in person present
HON. L. N. MBUGUA
ELC JUDGE