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ELCOtherELC Case No. 148 of 2013· [2017] KEELC 2069 (KLR)

Florence Gakii v Alex Mutembei Kirima & another [2017] KEELC 2069 (KLR)

Environment and Land Court
10 July 2017
LML. N. Mbugua
233 words in judgment
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The bottom line

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A Kenyan court converted a land-sale refund settlement of Kshs. 1,500,000 into a binding court judgment, ending a decade-old property dispute.

What this practically means

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Executive summary

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This was a land dispute before the Environment and Land Court at Meru, ELC Case No. 148 of 2013, in which Florence Gakii sued Alex Mutembei Kirima and Lucy Kigetu Kirima over land parcel LR. No. Ntima/Ntakira/4375. Rather than proceed to a full trial, the advocates for both parties on 10 July 2017 proffered a consent which they asked the Court to adopt as its judgment. Under the consent, the defendants were to refund the plaintiff the consideration for the purchase of the suit parcel together with other costs, a total of Kshs. 1,500,000 all inclusive. The consent also provided that the orders of inhibition placed on the subject land parcels be lifted, vacated and/or set aside, and that the matter be deemed settled and/or withdrawn with each party bearing its own costs. The court found that the consent was properly signed and binding upon the parties, and, having read it to the parties present who were in agreement with its contents, adopted it as the judgment of the Court. The parties were ordered to bear their own costs. The judgment was delivered in open court at Meru on 10 July 2017 before Hon. L.N. Mbugua, ELC Judge.

Key legal issues

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01

Adoption of a consent as judgment

Holding

The court adopted the consent signed by the parties' advocates as its judgment, finding it properly signed and binding.

Reasoning

The advocates for both parties proffered a consent agreeing to a refund of the purchase consideration and lifting of inhibition orders. The court was satisfied the consent was properly signed and binding on the parties, read it to the parties present who agreed with its contents, and accordingly adopted it as the judgment of the Court, with each party bearing its own costs.

p. 1

Legal principles established

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  • A consent properly signed by the advocates of the parties is binding and may be adopted as the judgment of the Court.

Court orders

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  1. 1.Defendants to refund the plaintiff the consideration for purchase of land parcel LR. NO. NTIMA/NTAKIRA/4375 and other costs of Kshs. 1,500,000 all inclusive
  2. 2.Orders of inhibition placed on the subject land parcel LR. NO. NTIMA/NTAKIRA/4375 lifted, vacated and/or set aside
  3. 3.Matter deemed settled and/or withdrawn
  4. 4.Consent of 10/07/2017 adopted as judgment of the Court
  5. 5.Each party to bear their own costs
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to land parcels (ELC Case No. 148 of 2013)

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, "Florence Gakii v Alex Mutembei Kirima & another [2017] KEELC 2069 (KLR)", Case Analysis (2017). ELC Case No. 148 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2069/eng@2017-07-10

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