[2017] KEELC 172 (KLR)
The court found that the consent dated 25th April 2017 was properly signed by both parties and thus binding. The court, upon perusal of the consent, adopted it as the judgment of the court, marking the suit as settled. The court further ordered that each party bear their own costs, in line with the terms of the...
Source-derived case information.
- Citation
- [2017] KEELC 172 (KLR)
- Parties
- Plaintiff: Stanley Kinoti Mburugu; Defendant: Jane Gatabi Cabari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 100 of 2017
- Procedural Posture
- Land and Property Suit / Consent Judgment
- Outcome
- Suit marked as settled by consent; no order as to costs.
- Legal Topics
- Consent Judgment, Settlement of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kinoti Mburugu
Plaintiff
Jane Gatabi Cabari
Defendant
Procedural Posture
Land and Property Suit / Consent Judgment
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as the judgment of the court.
- 2 Whether the application dated 22nd March, 2017 should be allowed as prayed.
Ratio Decidendi
The court found that the consent dated 25th April 2017 was properly signed by both parties and thus binding. The court, upon perusal of the consent, adopted it as the judgment of the court, marking the suit as settled. The court further ordered that each party bear their own costs, in line with the terms of the consent. The essential legal principle is that a consent judgment, once properly executed and presented, is enforceable and disposes of the matter in accordance with the parties' agreement.
Court Disposition
Suit marked as settled by consent; no order as to costs.
Orders
- The application dated 22nd March, 2017 is allowed as prayed.
- The suit is marked as settled.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 100 OF 2017
STANLEY KINOTI MBURUGU.....................PLAINTIFF
VERSUS
JANE GATABI CABARI.............................DEFENDANT
CONSENT/JUDGMENT
1. On 25. 04. 17, the parties in this matter proffered the following Consent, which they asked the Court to adopt as it's Judgment.
"BY CONSENT
1) The Application dated 22nd March, 2017 be and is hereby allowed as prayed.
2) Consequent to No. 1 above the suit herein be marked as settled.
3) That there be no orders as to cost.
2. I find that the Consent is properly signed and is binding upon the parties.
3. Having perused the Consent dated 25:04:2017 Judgment is hereby entered in term of the said consent. The suit is hereby marked as settled.
4. Parties shall bear their own costs.
5. It is so ordered.
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 27TH DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:-
C.A: Janet
Plaintiff present
Defendant present
HON. L. N. MBUGUA
ELC JUDGE