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ELCOtherNot stated in judgment· [2016] KEELC 1293 (KLR)
Catherine Kageni & 5 others v County Government of Meru [2016] KEELC 1293 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Plaintiffs, residents/tenants occupying houses and stalls on the Defendant's property known as 491/Angaine Estate within Meru County, sued by plaint dated 2nd September 2016 seeking an injunction restraining the Defendant from evicting them or demolishing their structures until they were fully compensated for their doors and windows upon lawful termination of tenancy under section 4(2) and (6) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), plus costs and any other relief. Before trial, on 20th December 2016, the parties through their advocates proffered a signed consent providing that the Defendant pay all Plaintiffs a total of Kshs. 1,600,000/= all inclusive upon execution of the consent; that the Plaintiffs and their families vacate the suit land within 60 days; that the suit be marked as settled; and that each party bear their own costs. P. M. Njoroge J adopted the consent as an order of the Court, marked the suit as settled, and directed its removal from the record of pending suits. No injunction was granted as the dispute was resolved on the negotiated terms. The judgment is a short consent-recording disposition with no contested findings on evidence or law.
Key legal issues
#01
Whether the consent reached by the parties should be recorded and given effect
Holding
The court adopted the consent as its order, marked the suit settled and removed it from pending suits
Reasoning
The parties, through their advocates Kiogora Mugambi and C.B Mwongela, proffered a signed consent providing for payment of Kshs. 1,600,000/= to the plaintiffs, vacation of the suit land within 60 days, marking of the suit as settled, and each party bearing own costs. The court found no reason to decline recording the consent and adopted it as an order of the court.
p. 2
Legal principles established
#- A consent duly signed by advocates and adopted by the court is binding and disposes of the suit on its terms
Court orders
#- 1.The consent is adopted as an order of the Court
- 2.The Defendant to pay all the Plaintiffs a total of Kshs. 1,600,000/= all inclusive, payable upon execution and signing of the consent
- 3.The current residents (Plaintiffs) and their families to vacate the suit land within 60 days from the date of signing the consent
- 4.The suit is marked as settled and removed from the record of pending suits
- 5.Each party to bear their own costs
- Jurisdiction invoked
- Original civil jurisdiction over the suit; matter resolved by consent order recorded by the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Catherine Kageni & 5 others v County Government of Meru [2016] KEELC 1293 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1293/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.