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ELCOtherNot stated in the judgment· [2016] KEELC 1268 (KLR)
William Nderitu Waweru & another v Beatrice Kananu & 4 others [2016] KEELC 1268 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Kenyan court turned the parties' signed agreement into a binding order freezing all activity on the disputed Timau land until the case is heard.
What this practically means
#Executive summary
#This is an interlocutory ruling of the Environment and Land Court at Meru delivered on 31st August 2016 by P. M. Njoroge J. The Plaintiffs, administrators of the estate of their deceased mother Wanjiru Nderitu, the registered owner of L.R. No. Timau Township/2890/360, moved the Court by notice of motion dated 16th August 2016 seeking an interlocutory prohibitory injunction restraining the Defendants from entering upon, trespassing on, constructing on, cultivating, leasing or selling the suit property pending determination of the application inter partes and the main suit. They alleged that the Defendants had forcefully occupied the property, deposited building materials, commenced construction and cultivation, and committed acts of waste despite interventions by area administration officers. Before the application could be argued, on 31st August 2016 the parties proffered a signed Consent between the Plaintiffs and the 1st, 2nd, 3rd and 5th Defendants. By the Consent, the status quo prevailing on the suit property was to be maintained - no party to undertake further construction, deposit building materials, occupy, cultivate or lease the property pending hearing of the application dated 16/8/16; the 1st, 2nd, 3rd and 5th Defendants were granted 14 days to file and serve a Replying Affidavit, with the Plaintiffs granted liberal leave to file a supplementary Affidavit within a further 14 days; and mention was set for further directions. The Consent was read to the parties, who undertook to obey it, and the Court adopted its contents as orders of the Court. The application itself was not determined on its merits, and no costs order was made.
Key legal issues
#01
Adoption of a consent order maintaining status quo pending inter partes hearing
Holding
The Court adopted the parties' consent as its order, maintaining the status quo on the suit property and setting a timetable for affidavits and mention
Reasoning
On 31/08/2016 the parties proffered a signed Consent between the Plaintiffs and the 1st, 2nd, 3rd and 5th Defendants asking the Court to adopt it as its order. The Consent was read to the parties, and the concerned Defendants undertook to obey the orders contained therein. The Court thereupon adopted the contents of the Consent as orders of the Court and so ordered.
p. 3
Legal principles established
#- A consent duly signed by advocates and read to the parties may be adopted as an order of the Court, and the parties are bound to obey it
Court orders
#- 1.The status quo prevailing on the suit property L.R. NO. TIMAU TOWNSHIP/2890/360 to be maintained - no party to continue with any further construction, deposit building material, occupy, cultivate or lease the suit property pending the hearing and determination of the Plaintiffs' application dated 16/8/16
- 2.The 1st, 2nd, 3rd and 5th Defendants granted 14 days to file and serve their Replying Affidavit, with liberal leave to the Plaintiffs to file and serve a supplementary Affidavit within 14 days thereafter
- 3.Mention for further directions on a date to be given by the Court
- 4.The contents of the Consent adopted as orders of the Court
- Jurisdiction invoked
- Inherent powers of the court to adopt consents as orders; interlocutory application under the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "William Nderitu Waweru & another v Beatrice Kananu & 4 others [2016] KEELC 1268 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1268/eng@2016-08-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.