[2017] KEELC 2077 (KLR)
The court adopted the consent order as it was mutually agreed upon by all parties and their advocates, and its terms were lawful and clear. The consent preserves the status quo by allowing the plaintiffs to remain in occupation and possession of the suit land (plot 92, Chuka Town) while prohibiting them from dealing...
Source-derived case information.
- Citation
- [2017] KEELC 2077 (KLR)
- Parties
- Plaintiff: Robert Muchangi; Plaintiff: Edsor Kathuni; Defendant: County Government of Tharaka Nithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 42 of 2017
- Procedural Posture
- Land and Property Suit / Interlocutory Ruling on Consent Order
- Outcome
- Consent order adopted; interlocutory orders issued to preserve status quo.
- Legal Topics
- Status Quo Orders, Possession of Land, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Muchangi
Plaintiff
Edsor Kathuni
Plaintiff
County Government of Tharaka Nithi
Defendant
Procedural Posture
Land and Property Suit / Interlocutory Ruling on Consent Order
Legal Issues
- 1 Whether the court should adopt the consent order as binding on the parties.
- 2 Whether the status quo regarding occupation and possession of the suit land should be maintained pending determination of the suit.
Ratio Decidendi
The court adopted the consent order as it was mutually agreed upon by all parties and their advocates, and its terms were lawful and clear. The consent preserves the status quo by allowing the plaintiffs to remain in occupation and possession of the suit land (plot 92, Chuka Town) while prohibiting them from dealing with the land in any way that would affect ownership, such as selling, disposing, allotting, or demolishing structures, until the suit is heard and determined. The court further directed compliance with Order 11 of the Civil Procedure Rules within 60 days and set a date for further directions, thereby ensuring orderly progression of the case while safeguarding the interests of...
Court Disposition
Consent order adopted; interlocutory orders issued to preserve status quo.
Orders
- The consent order as presented by the parties is adopted as an order of the court.
- The 1st and 2nd plaintiffs shall remain in occupation, user, and possession of plot 92, Chuka Town pending hearing and determination of the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 42 OF 2017
FORMERLY MERU ELC CASE NO.14 OF 2014
ROBERT MUCHANGI…………………..…………....….1ST PLAINTIFF
EDSOR KATHUNI……………………………………....2ND PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI…….......DEFENDANT
RULING
1. The parties asked the court to adopt a consent they proffered. The consent is in the following terms:
CONSENT ORDER
That by consent of counsels and the parties herein
a) That the status quo be maintained in the following terms;
i) That the 1st and 2nd plaintiffs be in occupation, user and possession of the suit land plot 92,CHUKA TOWN pending hearing and determination of the suit.
ii) That the plaintiffs should not deal with the suit land in any way that affects the ownership, either sell, dispose, allot or demolish structures therein pending hearing and determination of the suit.
2. The consent is adopted as an order of this court.
3. The parties are ordered to fully comply with order 11, CPR within 60 days of today.
4. Parties are directed to come to court for directions on 25. 10. 2017.
5. It is so ordered.
Delivered in open court at Chuka this 27th day of July, 2017 in the presence of:
CA: Ndegwa
Mwiti for the plaintiffs
Kirimi h/b Obeto for 2nd to 4th defendants
Kirimi h/b Murango Mugenda for 1st defendant
P. M. NJOROGE,
JUDGE.