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Court of AppealStruck OutCivil Appeal No. 67 of 2016· [2018] KECA 551 (KLR)
David Kipkoech Kogo v Esther Chesaina Bedford Pim [2018] KECA 551 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Two Kenyan parties settled their land appeal at the Court of Appeal, which converted their agreement into a binding order to transfer 70 acres within six months.
What this practically means
#Executive summary
#This is a consent disposal of an appeal before the Court of Appeal at Eldoret. The appeal, Civil Appeal No. 67 of 2016, had been lodged by David Kipkoech Kogo against a ruling of the Environment and Land Court at Kitale (Obaga, J.) dated 19th April 2016 in Environment and Land Case No. 159 of 2015 (O.S). Rather than adjudicating the appeal on its merits, the Court, upon the consent of counsel for both parties (Mr. Wambura for the appellant and Ms. Kibonei holding brief for Mr. Wanyama for the respondent), marked the appeal as settled. By the consent recorded as the judgment of the Court, the parties agreed that the consent and the judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 dated 8th October 2014 remain valid and binding on the parties; that the consent judgment is varied to the extent that a new paragraph 5 is added requiring the plaintiff to transfer 70 acres to the defendant within six months from 29th May 2018; that each party bears its own costs of the appeal; and that the appeal be struck out from the register of pending appeals. The judgment was made and dated at Eldoret on 29th May 2018 by Githinji, Okwengu and Mohammed, JJ.A. It contains no adjudicated holdings, no dissenting opinions, no cited authorities and no questions of law determined; its effect is purely to record the parties' settlement and give it the force of a court order.
Key legal issues
#Legal principles established
#Court orders
#- 1.That the consent and the judgment in Kitale Environment and Land Court Land Case No. 25 of 2014 dated 8th October, 2014 remain valid and binding on the parties
- 2.That the said consent judgment is varied to add as para. 5: 'The plaintiff to transfer the 70 acres to the defendant within six months from 29th May, 2018'
- 3.Each party to bear his/her own costs of this appeal
- 4.The appeal is struck out from the register of pending appeals
- On appeal from
- High Court of Kenya, Environment and Land Court at Kitale
- Environment and Land Case No. 159 of 2015 (O.S)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Kipkoech Kogo v Esther Chesaina Bedford Pim [2018] KECA 551 (KLR)", Case Analysis (2018). Civil Appeal No. 67 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/551/eng@2018-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.