Patrick Mungiria M'akaibua v Simon Ithaiba Itirikia & 4 others [2016] KEELC 68 (KLR)

The bottom line

A Kenyan land court ordered that an occupant cannot be evicted from his plot until his petition is fully heard and decided.

What this practically means

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Executive summary

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This is a brief consent ruling of the Environment and Land Court at Meru delivered on 21st December 2016 by P. M. Njoroge J. When the parties appeared in court on that date, they and their advocates proffered a consent dated 21st December 2016. By the consent, the Petitioner was not to be evicted by the 1st, 2nd and 3rd Respondents from the 20 points of an acre he was occupying, pending the hearing and determination of the Petition. The Court adopted the consent as an order of the Court and directed that costs would be in the cause. The judgment records no pleadings, no evidence, no issues for trial and no citations; it is purely an interim protective order preserving the Petitioner's occupation of the suit land until the Petition is concluded. Counsel appearing were Nyagaka for the Petitioner and D. J Mbaya for the 1st to 3rd Respondents. No decision below was disturbed and no relief was refused; the disposition consists entirely of the three orders noted above.

Key legal issues

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Adoption of the parties' consent as a court order

Holding

The Court adopted the consent dated 21st December 2016, under which the Petitioner is not to be evicted from the 20 points of an acre he occupies pending the hearing and determination of the Petition.

Reasoning

The parties and their advocates proffered a consent in open court on 21st December 2016. By its terms the 1st to 3rd Respondents would refrain from evicting the Petitioner from the land he occupies until the Petition is heard and determined. The Court adopted the consent as its order and directed that costs be in the cause.

p. 1

Legal principles established

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A consent between parties and their advocates, once adopted, binds the parties as an order of the Court pending determination of the suit.

Court orders

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1.The Petitioner shall not be evicted by the 1st, 2nd and 3rd Respondents from the 20 points of an acre he is occupying pending the hearing and determination of the Petition
2.The Consent dated 21st December 2016 is adopted as an order of the Court
3.Costs shall be in the cause

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Patrick Mungiria M'akaibua v Simon Ithaiba Itirikia & 4 others [2016] KEELC 68 (KLR)", Case Analysis (2016). Petition No 33 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/68/eng@2016-12-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.