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ELCOtherELC Case at Chuka (plaint dated 7th December 2010)· [2018] KEELC 884 (KLR)

Diocese of Meru Registered Trustees v Tharaka Nithi County Government [2018] KEELC 884 (KLR)

Environment and Land Court
14 November 2018
PNP.M. Njoroge
243 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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An eight-year Kenyan land dispute ended without trial when both sides agreed to settle out of court, each paying their own legal costs.

What this practically means

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Executive summary

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This was a land dispute filed by plaint dated 7th December 2010 in the Environment and Land Court at Chuka, in which the plaintiff sought a declaration that L.R. No. South Tharaka/Tunyai 'A'/79 and South Tharaka/Tunyai 'A'/136 had been set aside by the defendant and its predecessors for the plaintiffs' use and development, an order that the parcels be registered in the plaintiffs' names, a permanent injunction restraining the defendant from interfering with, re-planning, surveying, allocating, selling or disposing of the parcels, plus costs and interest and any further relief. The suit was never heard on the merits. On 14th November 2018, Mr. J. Mutuma, holding brief for Mr. Rimita for the plaintiff, informed the court that the parties had agreed to settle the matter out of court. Mr. Murango Mwenda for the defendant confirmed this, and both advocates asked the court to mark the suit as withdrawn with no order as to costs. P.M. Njoroge J marked the suit as withdrawn, directed that it be removed from the register of pending ELC Cases at Chuka, and ordered the parties to bear their own costs. The judgment contains no determination of the substantive claims, no citation of authorities or statutes, and no findings on the competing interests in the land; the claims were simply not adjudicated.

Key legal issues

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01

Withdrawal of suit by consent of the parties

Holding

Where parties agree to settle out of court, the court may mark the suit as withdrawn, with costs as agreed, and remove it from the register of pending cases

Reasoning

Both advocates informed the court on 14th November 2018 that the parties had agreed to settle the matter out of court and asked that it be marked withdrawn with no order as to costs. The court, exercising its discretion and respecting party autonomy, marked the suit withdrawn, directed its removal from the register of pending ELC cases at Chuka, and ordered each party to bear their own costs.

p. 1

Legal principles established

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    Court orders

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    1. 1.The suit is marked as withdrawn
    2. 2.The suit to be removed from the register of pending ELC Cases at Chuka
    3. 3.Each party to bear their own costs
    Jurisdiction invoked
    Original civil jurisdiction of the Environment and Land Court over the land dispute; matter withdrawn by consent of the parties

    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, "Diocese of Meru Registered Trustees v Tharaka Nithi County Government [2018] KEELC 884 (KLR)", Case Analysis (2018). ELC Case at Chuka (plaint dated 7th December 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/884/eng@2018-11-14

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