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ELCOtherMisc. Civil App. No. 46 of 2008· [2017] KEELC 50 (KLR)
Republic v Chairman Meru Central Land Disputes Tribunal & 2 others Ex-Parte Peter Murithi Rukaria [2017] KEELC 50 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court confirmed that a signed agreement between parties can be adopted as binding judgment, ending a decade-long land dispute.
What this practically means
#Executive summary
#This was a judicial review application filed in the Environment and Land Court at Meru, Misc. Civil App. No. 46 of 2008, seeking orders of certiorari and prohibition against the Meru Central Land Disputes Tribunal – Nkuene Division under sections 8 and 9 of the Law Reform Act, concerning land parcel L.R No. Nkuene/Uruku/561 and Tribunal Case No. 3 of 2008 (Meru Chief Magistrate LDT No. 20 of 2008). The matter did not proceed to a contested hearing. On 24th May 2017, the advocates for the parties and State Counsel proffered a consent which they asked the court to adopt as its judgment. The consent provided that the ex-parte applicant's application dated 8th July 2008 be allowed; that an order of certiorari issue to call for and quash the decision and/or award of the Meru Central District Land Disputes Tribunal – Nkuene Division Case No. 3 of 2008 dated 31/3/2008; that the ex-parte applicant allow the interested party to occupy a portion measuring ¼ acre of the parcel pending sub-division and distribution between the ex-parte applicant's children; and that each party bear its own costs. Judge L. N. Mbugua found the consent properly signed and binding, adopted it as the judgment of the court dated 24/05/2017, marked the suit as settled, ordered the file to the archives, and directed that parties bear their own costs. The judgment was delivered in open court at Meru on 13th December 2017 with all parties or their counsel present.
Key legal issues
#01
Adoption of a consent as judgment
Holding
The consent dated 24th May 2017 was properly signed and binding, and was adopted as the judgment of the court
Reasoning
The advocates for the parties and State Counsel proffered a consent recording agreement to allow the ex-parte applicant's application, issue certiorari quashing the Tribunal's award, grant the interested party occupation of ¼ acre pending sub-division, and provide for costs. The judge verified the consent was properly signed and binding, adopted it as judgment, and marked 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 dated 24/05/2017 adopted as a Judgment of the Court
- 2.The Ex-parte applicant's application dated 8th July 2008 allowed
- 3.Order of Certiorari issued calling for and quashing the decision/award of the Meru Central District Land Disputes Tribunal - Nkuene Division Case No. 3 of 2008 dated 31/3/2008
- 4.The Ex-parte Applicant to allow the interested party to occupy a portion of land measuring ¼ acre in land parcel LR. NO. NKUENE/URUKU/561 pending sub-division and distribution between the Ex-parte Applicant's children
- 5.Suit marked as settled; file to be taken to the archives
- 6.Parties shall bear their own costs
- Jurisdiction invoked
- Sections 8 & 9 of the Law Reform Act (Cap 26 L.O.K)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Chairman Meru Central Land Disputes Tribunal & 2 others Ex-Parte Peter Murithi Rukaria [2017] KEELC 50 (KLR)", Case Analysis (2017). Misc. Civil App. No. 46 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/50/eng@2017-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.