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ELCOtherNot stated in the judgment text provided· [2017] KEELC 3761 (KLR)

Charles Kithinji Thuranira v Kaigera M'itwamikwa & another [2017] KEELC 3761 (KLR)

High Court of Kenya (Environment and Land Division, Meru)
27 February 2017
LML.N. Mbugua
154 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Meru court turned the parties' written agreement into a binding judgment, permanently barring two defendants from interfering with the plaintiff's land and crops.

What this practically means

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Executive summary

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This short first-instance ruling of the High Court at Meru (L.N. Mbugua, J) adopts a consent between the plaintiff and the two defendants as a judgment of the Court. The consent, dated and fixed in court as recorded, provided for two terms: first, a permanent injunction restraining the defendants, their agents, servants and/or employees from entering, invading, moving into, trespassing upon, demanding and harvesting the plaintiff's crops planted in land parcels Nos. Abothuguchi/Ruiga/1828, 1827, 1758, 1715 and 1757, and from in any manner interfering with the plaintiff's ownership, use, occupation and/or possession of those parcels; and secondly, that each party would meet its own costs of the suit. The court adopted the consent verbatim and declared that, in essence, the suit was settled. No issues of law or fact were tried; no authorities were cited and no prior decision was reviewed. The judgment is useful chiefly as an example of a consent-based disposition in a land dispute, recording the full text of the injunctive terms and the bespoke costs order.

Key legal issues

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Adoption of a consent as a judgment of the Court

Holding

The court adopted the parties' consent as its judgment, issuing a permanent injunction against the defendants and ordering each party to bear their own costs.

Reasoning

The parties reached a consent dated 10:17:16 and filed on 07:02:17 providing for a permanent injunction in respect of five named land parcels and costs. The court adopted the consent wholesale as a judgment, recording that the suit was thereby settled. No contest on the merits was heard; the disposition flows entirely from the parties' agreement.

p. 2

Legal principles established

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  • A consent between parties, once adopted, constitutes a judgment of the court and settles the suit.

Court orders

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  1. 1.A permanent order of injunction restraining the defendants, their agents, servants and/or employees from entering, invading, moving into, trespassing upon, demanding and harvesting the plaintiff's crops planted in land parcels Nos. Abothuguchi/Ruiga/1828, 1827, 1758, 1715 and 1757 and from interfering with the plaintiff's ownership, use, occupation and/or possession of those parcels
  2. 2.Each party to meet his own costs of the suit
  3. 3.The consent is adopted as a Judgment of the Court
Jurisdiction invoked
Consent of the parties adopted as a judgment of the Court under civil procedure governing consent judgments

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, "Charles Kithinji Thuranira v Kaigera M'itwamikwa & another [2017] KEELC 3761 (KLR)", Case Analysis (2017). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3761/eng@2017-02-27

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