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ELCAllowedELC Case No. 308 of 2017· [2017] KEELC 38 (KLR)
Miriam Nthama Mutwiri v Joseph Mungathia Machoki & 2 others [2017] KEELC 38 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short first-instance ruling of the Environment and Land Court at Meru adopting a consent order in an ongoing land dispute, ELC Case No. 308 of 2017, between the plaintiff, Miriam Nthama Mutwiri, and three defendants, Joseph Mungathia Machoki, Geoffrey Kaumbuthu and Albert Mutabari. On 23 October 2017 the advocates for the parties jointly proffered a consent settling the application dated 10 October 2017. The consent provided for the maintenance of status quo on the suit land in two terms: that none of the parties would construct on the suit land, and that each party would continue occupying the portion of the land they were already occupying. The consent also recorded that a Pre Trial Conference would be held before the Deputy Registrar on 29 November 2017. The court, per L. N. Mbugua, ELC Judge, found that the consent was properly signed and therefore binding upon the parties, and adopted it as an order of the Court. The court ordered that each party bear its own costs. The matter was set down for Pre Trial Conference before the Deputy Registrar on 29 November 2017. The ruling disposes only of the application dated 10 October 2017 and preserves the position of the parties pending trial; the substantive suit remains pending. No authorities or statutes were cited and no contested findings of fact or law were made.
Key legal issues
#01
Adoption of a consent as an order of the Court
Holding
The Court found the consent properly signed and binding, and adopted it as its order, maintaining status quo on the suit land.
Reasoning
The advocates for both parties proffered a consent settling the application dated 10.10.17, providing that no party would construct on the suit land and that each party would continue occupying the portion they occupy. The judge verified the consent was properly signed and therefore binding, adopted it as the Court's order, directed that each party bear its own costs, and scheduled a Pre Trial Conference before the Deputy Registrar on 29.11.17.
p. 1
Legal principles established
#- A properly signed consent between parties is binding upon them and may be adopted as an order of the Court
Court orders
#- 1.Application dated 10.10.17 settled by maintaining status quo: none of the parties is to construct on the suit land
- 2.Each party to continue occupying the portion of the land they are occupying
- 3.Consent adopted as an order of the Court, being properly signed and binding upon the parties
- 4.Parties to bear their own costs
- 5.Pre Trial Conference before Deputy Registrar on 29.11.17
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes relating to land (adopting a consent order in a land suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miriam Nthama Mutwiri v Joseph Mungathia Machoki & 2 others [2017] KEELC 38 (KLR)", Case Analysis (2017). ELC Case No. 308 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/38/eng@2017-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.