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ELCOtherNot stated in judgment· [2016] KEELC 1294 (KLR)

David Kimathi Manyara & another v County Government of Marsabit & 3 others [2016] KEELC 1294 (KLR)

Environment and Land Court
29 November 2016
PNP. M. Njoroge
991 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The court delivered a ruling on two interlocutory applications arising from a dispute over Plot L.R. NO. 11969/8 Marsabit Township. The Plaintiffs, asserting absolute title, sought interlocutory prohibitory injunctions restraining the 1st Defendant from evicting, repossessing, allocating, transferring or alienating the property, and restraining the 2nd and 3rd Defendants, whom they alleged had forcefully occupied and constructed structures on the land, from trespassing or interfering with their possession pending trial. The second application, by Halima K. Kimogol, sought leave to be enjoined as an interested party/defendant and variation or discharge of orders issued on 13th September 2016, on her claim that the 1st Defendant had allocated her the suit property and that she was in actual possession. On 29th November 2016, before substantive adjudication, the parties' advocates signed a comprehensive consent which the court adopted as its order. The consent provided that no party would transfer, alienate or erect permanent structures on the property pending hearing and determination of the suit; that parties comply with Order 11 of the Civil Procedure Rules 2010 within 60 days; liberty to apply; and mention for compliance and taking of a hearing date. Halima K. Kimogol was joined as an interested party. Costs were ordered to be in the cause. The substantive suit remains for hearing and determination.

Key legal issues

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01

Interlocutory preservation of suit property

Holding

Resolved by consent: no transfer, alienation or permanent structures pending hearing and determination of the suit

Reasoning

Both applications were heard and determined by way of a consent signed by all parties' advocates, which the court adopted as its own order rather than adjudicating the injunction and joinder prayers on their merits.

p. 3
02

Joinder of Halima K. Kimogol as interested party

Holding

She was joined as an interested party by consent

Reasoning

The proposed interested party claimed the 1st Defendant had allocated her the suit property and that she was in actual possession. Rather than contesting the joinder, the parties consented to her being enjoined, and the court adopted that consent as an order.

p. 3

Legal principles established

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  • Parties may, by consent, regulate the status of suit property pending trial, and such consent adopted by the court becomes an order of the court

Court orders

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  1. 1.Adoption of the consent of the parties as an order of the Court: no party shall transfer, alienate or erect permanent structures on L.R NO. 11969/8 Marsabit Township pending hearing and determination of the suit
  2. 2.Parties to comply with Order 11 of the Civil Procedure Rules 2010 within 60 days
  3. 3.Liberty to apply
  4. 4.Mention for compliance and taking of a hearing date
  5. 5.Halima K. Kimogol joined as an Interested Party
  6. 6.Costs in the cause

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 11
Jurisdiction invoked
Not expressly stated; civil suit over title to Plot L.R. NO. 11969/8 Marsabit Township

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, "David Kimathi Manyara & another v County Government of Marsabit & 3 others [2016] KEELC 1294 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1294/eng@2016-11-29

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