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ELCOtherHCCC No 54 of 2012· [2017] KEELC 2150 (KLR)

Sussy Ruguru Nkanata & 2 others v Silas Kirimi Nkanata & another [2017] KEELC 2150 (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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The court converted a negotiated land-sale refund deal between the parties into a binding judgment requiring the defendants to repay Kshs 1.5 million.

What this practically means

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Executive summary

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This brief records a consent judgment of the Environment and Land Court at Meru in HCCC No 54 of 2012, a dispute concerning the purchase of land parcel LR No Ntima/Ntakira/4375. On 10 July 2017, advocates for the three plaintiffs and the two defendants proffered a consent which they asked the Court to adopt as its judgment. Under the consent, the defendants were to refund the plaintiffs the consideration for the purchase of the land parcel together with other costs, totalling Kshs 1,500,000 all inclusive. The orders of inhibition earlier placed on the subject land parcel were to be lifted, vacated and/or set aside. The suit was deemed settled and/or withdrawn with each party bearing its own costs. The judge, L N Mbugua, read the consent to the parties present, who were in agreement with its contents, found that it was properly signed and binding upon the parties, and adopted it as the judgment of the Court. The judgment contains no analysis of evidence, no determination of liability on the merits, and cites no statutes or authorities; the outcome reflects the parties' settlement rather than an adjudicated result. The claim is accordingly classified as other, being a recorded consent judgment, and the prior decision treatment is not applicable as this was a first-instance determination by consent.

Key legal issues

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01

Whether the consent of the parties ought to be adopted as the judgment of the Court

Holding

The court adopted the consent as its judgment, finding it properly signed and binding on the parties

Reasoning

The advocates for both parties on 10/07/2017 proffered a consent providing for a refund of Kshs 1,500,000 all inclusive, lifting of the inhibition over the suit parcels and withdrawal of the suit with each party bearing its own costs. The judge read the consent to the parties present, who agreed with its contents, found it properly signed and binding, and adopted it as the judgment of the Court.

p. 1

Legal principles established

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  • A consent duly signed by advocates of the parties is binding upon them and may be adopted as a judgment of the court

Court orders

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  1. 1.Defendants to refund the plaintiffs' 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 LR No Ntima/Ntakira/4375 to be lifted, vacated and/or set aside
  3. 3.Matter deemed settled and/or withdrawn with each party bearing its own costs
  4. 4.Consent of 10/07/2017 adopted as a judgment of the Court
  5. 5.Parties to bear their own costs
Jurisdiction invoked
Court's inherent power to record consent judgments in a civil suit before it; consent of parties adopted as judgment of the Environment and Land 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, "Sussy Ruguru Nkanata & 2 others v Silas Kirimi Nkanata & another [2017] KEELC 2150 (KLR)", Case Analysis (2017). HCCC No 54 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2150/eng@2017-07-10

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