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ELCOtherNot stated in judgment extract· [2014] KEELC 12 (KLR)
Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Powr Ltd & 9 others [2014] KEELC 12 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court turned an agreement between disputing parties into a binding court order, setting filing deadlines, format rules and protecting interim orders meanwhile.
What this practically means
#Executive summary
#This is a short directions ruling delivered by P. M. Njoroge, Judge, at Meru on 24th November 2014 in an Environment and Land Court matter concerning a Notice of Motion application dated 14th October 2014. On that day the parties jointly requested the Court to adopt a consent regulating the further conduct of the application. The consent provided that the Plaintiffs/Applicants would file and serve a further affidavit and written submissions within 14 days; the Respondents would respond within 14 days of service; and the Plaintiffs would reply to written submissions on points of law within 7 days of service. Submissions were capped at 10 pages, font 12, 1.5 spacing, and were to be filed in soft copy at specified e-mail addresses, copied to all parties, with compact discs delivered to the Court on request by the Deputy Registrar. Interim orders were extended until the next date for directions/highlighting. Time allocations for highlighting were fixed: 10 minutes each for the applicants and 1st Respondent, 5 minutes each for the other respondents and the Interested Party, and 3 minutes for the plaintiffs to respond. The parties agreed to return for highlighting on 19th January 2015. The Court adopted the consent as an order of the Court and directed 'It is so ordered.' No costs order was made and no substantive rights were determined.
Key legal issues
#01
Adoption of consent as court order
Holding
The Court adopted the parties' consent governing filing timelines, submission formatting, extension of interim orders and highlighting directions as its own order.
Reasoning
The parties on 24th November 2014 jointly requested the Court to adopt a consent on timelines for filing further affidavits, submissions and replies, formatting requirements, extension of interim orders, electronic filing and highlighting time allocations. The Court adopted the consent in full and directed that it be observed as an order of the Court, scheduling highlighting for 19th January 2015.
p. 2
Legal principles established
#- A consent duly recorded by the parties may be adopted as an order of the Court and becomes binding.
Court orders
#- 1.Adoption of the parties' consent as an order of the Court
- 2.Plaintiffs/Applicants to file and serve a further affidavit and written submissions to the Notice of Motion dated 14th October, 2014 within 14 days
- 3.Respondents to file and serve their response to the written submissions within 14 days of service
- 4.Plaintiffs/Applicants to file and serve replies to the written submissions on points of law within 7 days of service
- 5.Written submissions not to exceed 10 pages, font 12, spaced at 1.5
- 6.Interim Orders extended until the next date for directions/highlighting
- 7.Pleadings and written submissions to be sent to the Court in soft copy to the stated e-mail addresses
- 8.Parties to deliver soft copies saved in compact disks upon request by the Deputy Registrar
- 9.E-mails copied to all parties; compact discs sent to all other parties
- 10.Applicants and 1st Respondent to have 10 minutes each, other respondents and Interested Party 5 minutes each, and plaintiffs 3 minutes to respond at highlighting
- 11.Parties to return for highlighting on 19.1.2015
- Jurisdiction invoked
- Inherent powers of the High Court/Environment and Land Court to adopt consents as orders of the Court (not expressly stated in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Powr Ltd & 9 others [2014] KEELC 12 (KLR)", Case Analysis (2014). Not stated in judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/12/eng@2014-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.