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ELCPartially AllowedELC Case No. 298 of 2017· [2017] KEELC 155 (KLR)

In re Estate of Namaan Nchebere Mutuamwari alias Namaan Nchebere Reria alias Nchebere Riria (Deceased) [2017] KEELC 155 (KLR)

Environment and Land Court
23 October 2017
LML. N. Mbugua
199 words in judgment
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The bottom line

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Kenya's Environment and Land Court upheld a lawyer-negotiated agreement keeping disputed Meru land with the plaintiffs, but made each side pay its own legal costs.

What this practically means

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Executive summary

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This is a short ruling of the Environment and Land Court at Meru (Mbugua, J) dated 23 October 2017 adopting a consent in ELC Case No. 298 of 2017. The plaintiffs, Miriam Nkatha Nchebere and Esther Karwitha Mwiti, sue as legal representatives of the estate of Namaan Nchebere Mutuamwari (also known as Namaan Nchebere Reria alias Nchebere Riria, deceased), against the defendant, Christine Nkuene Muchungi, over L.R Kianjai/Kianjai/754. On 23 October 2017 counsel for both parties proffered a consent settling the application dated 4 October 2017 in three terms: that the status quo prevailing on the suit land be maintained, with the land remaining under the possession and utility of the Plaintiff pending hearing and determination of the case; that costs of the application be awarded to the Plaintiff; and that a pre-trial conference mention be held before the Deputy Registrar on 30 November 2017. The Court found the consent properly signed and binding upon the parties and adopted it as its order. Notably, the Court departed from the consent on costs, ordering instead that each party bear their own costs. The ruling is interlocutory; the substantive suit remains pending hearing and determination.

Key legal issues

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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 the status quo on the suit land in favour of the Plaintiff pending trial

Reasoning

The advocates for both parties recorded a consent on 23.10.17 settling the application dated 04.10.17 by maintaining the status quo on L.R Kianjai/Kianjai/754, with possession and utility remaining with the Plaintiff pending hearing and determination of the case. The Court verified that the consent was properly signed and therefore binding on the parties, and adopted it as an order of the Court, directing a pre-trial conference mention.

p. 1

Legal principles established

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  • A properly signed consent between advocates is binding upon the parties and may be adopted as an order of the Court

Court orders

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  1. 1.Consent adopted as order of the Court: status quo on L.R Kianjai/Kianjai/754 to be maintained, the land to be under possession and utility of the Plaintiff pending hearing and determination of the case
  2. 2.Parties to bear their own costs
Jurisdiction invoked
Environment and Land Court jurisdiction over the suit land (L.R Kianjai/Kianjai/754); consent adopted as order of the Court

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, "In re Estate of Namaan Nchebere Mutuamwari alias Namaan Nchebere Reria alias Nchebere Riria (Deceased) [2017] KEELC 155 (KLR)", Case Analysis (2017). ELC Case No. 298 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/155/eng@2017-10-23

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