[2017] KEELC 32 (KLR)
The court found that the consent entered into by the parties and their advocates, specifying the sale of seventy trees on L.R KIIRUA/NAARI/644 and the handling of proceeds as per their mutual agreement, was properly executed and binding. The court adopted the consent as its judgment, marking the suit as settled and...
Source-derived case information.
- Citation
- [2017] KEELC 32 (KLR)
- Parties
- Plaintiff: Samson Kubai & 3 Others; Defendant: Marion Gacheri (Being the legal representative of the estate of M’Ibuuri M’Ikandi)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 52 of 2014
- Procedural Posture
- Civil Case / Consent Judgment
- Outcome
- suit_settled_by_consent
- Legal Topics
- Consent Judgment, Land Dispute, Sale of Trees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Kubai & 3 Others
Plaintiff
Marion Gacheri (Being the legal representative of the estate of M’Ibuuri M’Ikandi)
Defendant
Procedural Posture
Civil Case / Consent Judgment
Legal Issues
- 1 Whether the consent entered by the parties regarding the sale of trees on L.R KIIRUA/NAARI/644 is binding and should be adopted as the judgment of the court.
- 2 How the proceeds from the sale of the seventy trees should be handled as per the mutual agreement of 10/11/16.
Ratio Decidendi
The court found that the consent entered into by the parties and their advocates, specifying the sale of seventy trees on L.R KIIRUA/NAARI/644 and the handling of proceeds as per their mutual agreement, was properly executed and binding. The court adopted the consent as its judgment, marking the suit as settled and ordering that each party bear their own costs. The essential legal principle is that a clear and properly signed consent between parties, presented to the court, is enforceable as a judgment and brings the dispute to a close.
Court Disposition
suit_settled_by_consent
Orders
- The consent dated 10/11/16 regarding the sale of seventy trees on L.R KIIRUA/NAARI/644 and the handling of proceeds is adopted as the judgment of the court.
- The suit is marked as settled.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIROMENT AND LAND COURT AT MERU AT MERU
CIVIL CASE NO. 52 OF 2014
SAMSON KUBAI & 3 OTHERS................................PLAINTIFFF
VERSUS
MARION GACHERI(Being the legal representative
of the estate of M’IBUURI M’IKANDI.......................DEFENDANT
CONSENT /JUDGMENT
1. On 10:02:07, the advocates and the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
"BY CONSENT
1) We the parties and our advocates agree the number of trees involved in L.R KIIRUA/NAARI/644 is (70) seventy which the parties agree the same should be sold and proceeds dealt with as per the mutual agreement of 10/11/16.
2. I find that the Consent is properly signed and is binding upon the parties.
3. The Consent of 10:02:17 is hereby adopted as a Judgment of the Court. Suit is hereby marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Mwiti for the Defendant present
Kimathi Kiara h/b for G. Anampiu for Plaintiff Present.
Plaintiff absent
Defendant absent
HON. L. N. MBUGUA
ELC JUDGE