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ELCOtherELC Case No. 12 of 2017· [2017] KEELC 85 (KLR)
Johana M’Akwalu M’Limungi v County Government of Meru [2017] KEELC 85 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court turned a settlement signed by both parties' lawyers into a binding order, requiring a Government Valuer to value disputed market land within 45 days.
What this practically means
#Executive summary
#This is a short consent order issued in the Environment and Land Court at Meru in ELC Case No. 12 of 2017, a petition by Johana M'Akwalu M'Limungi against the County Government of Meru concerning Plot No. 114 Mikinduri Market. On 14 December 2017, advocates for both parties proffered a consent and asked the court to adopt it as an order. Under the consent, the Government Valuer was directed to visit Plot No. 114 Mikinduri Market within 45 days to ascertain the current market value of the land and file a report to the court. The court, per L. N. Mbugua, ELC Judge, found the consent properly signed and binding on counsel, recorded it as filed on 14 December 2017, and adopted it as an order of the court, directing that it be so ordered. No costs order was made, no issues of law were determined, and the substantive petition remained pending the valuer's report. The document does not disclose the underlying pleadings, relief sought, or evidence, so the brief records only the consent and its adoption.
Key legal issues
#01
Adoption of a consent as an order of the court
Holding
The consent dated 14:12:2017, properly signed by the advocates, was binding and was adopted as an order of the court
Reasoning
The advocates for both parties proffered a consent asking the court to adopt it as an order. The court found the consent properly signed and therefore binding on counsel, recorded it as filed on 14:12:2017, and adopted it as an order of the court.
p. 2
Legal principles established
#- A consent properly signed by advocates is binding upon counsel and may be adopted as an order of the court
Court orders
#- 1.The Government Valuer to visit Plot No. 114 Mikinduri Market to ascertain the current market value of that land within 45 days and file a report to the Court
- 2.The consent dated 14:12:2017 and filed on the same day is adopted as an order of the court
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the matter, by consent of the parties recorded and adopted as an order of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Johana M’Akwalu M’Limungi v County Government of Meru [2017] KEELC 85 (KLR)", Case Analysis (2017). ELC Case No. 12 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/85/eng@2017-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.