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ELCOtherCivil Case No. 52 of 2014· [2017] KEELC 32 (KLR)
Samson Kubai & 3 others v Marion Gacheri (Being the legal representative of the estate of M’ibuuri M’ikandi) [2017] KEELC 32 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan land dispute over 70 trees ended when the court turned the parties' signed settlement agreement into an enforceable judgment.
What this practically means
#Executive summary
#In this Environment and Land Court matter at Meru, the plaintiffs Samson Kubai and 3 others sued Marion Gacheri, the legal representative of the estate of M'Ibuuri M'Ikandi, in Civil Case No. 52 of 2014 concerning land parcel L.R KIIRUA/NAARI/644. The matter was resolved by consent rather than by contested trial. On 10:02:17, the advocates and the parties proffered a consent which they asked the court to adopt as its judgment. By that consent, the parties and their advocates agreed that the number of trees involved in L.R KIIRUA/NAARI/644 was seventy (70), and that the same should be sold and the proceeds dealt with as per the mutual agreement of 10/11/16. The court, per L. N. Mbugua, ELC Judge, found that the consent was properly signed and binding upon the parties, and adopted it as a judgment of the court. The suit was marked as settled. The court ordered that parties shall bear their own costs. The judgment was delivered in open court at Meru on 5th October 2017, with Mwiti for the defendant and Kimathi Kiara holding brief for G. Anampiu for the plaintiff present, and both plaintiff and defendant absent. No authorities were cited and no prior decision was reviewed.
Key legal issues
#01
Whether the parties' consent could be adopted as a judgment
Holding
The court found the consent properly signed and binding, and adopted it as a judgment of the court.
Reasoning
The advocates and parties proffered a consent dated 10:02:17 recording that the seventy trees on L.R KIIRUA/NAARI/644 be sold and the proceeds dealt with per the mutual agreement of 10/11/16. The court was satisfied that the consent was properly signed and binding, and accordingly adopted it as the judgment of the court, marking the suit as settled.
p. 2
Legal principles established
#- A properly signed consent between parties is binding and may be adopted as a judgment of the court.
Court orders
#- 1.The Consent of 10:02:17 adopted as a Judgment of the Court
- 2.The seventy (70) trees on L.R KIIRUA/NAARI/644 to be sold and proceeds dealt with as per the mutual agreement of 10/11/16
- 3.Suit marked as settled
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Consent of the parties adopted as judgment of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Kubai & 3 others v Marion Gacheri (Being the legal representative of the estate of M’ibuuri M’ikandi) [2017] KEELC 32 (KLR)", Case Analysis (2017). Civil Case No. 52 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/32/eng@2017-10-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.