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ELCPartially AllowedChuka ELC Judicial Review No. 1 of 2018 (Formerly Miscellaneous Application No. 2 of 2018)· [2018] KEELC 3355 (KLR)

Gerald Mbuuri Kabugu v Cabinet Secretary, Ministry of Lands & Settlement & 2 others [2018] KEELC 3355 (KLR)

Environment and Land Court
14 May 2018
610 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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Following delivery of judgment in the Chuka ELC Judicial Review proceedings (formerly Miscellaneous Application 2 of 2018), in which the ex-parte applicant Gerald Mbuuri Kabugu had sought to quash the decision and award of V.A. Matsalla on behalf of the Cabinet Secretary, Ministry of Lands and Settlement dated 19th July 2017 (an appeal to the Minister against objection No. 513/2013 that had awarded Land Parcel No. 1807 Gatunga Adjudication Section to the Interested Party), the parties and their advocates proffered a written consent dated 14th May 2018. Under the consent, the Interested Party, Joseph Ikuura wa Zakayo, was to transfer the suit parcel to the ex-parte applicant within 30 days, and each party was to bear its costs. Contemporaneously, the Interested Party filed an application dated 11th May 2018 seeking leave to withdraw from the proceedings, explaining that he was a son of the ex-parte applicant (who had sponsored him during circumcision), a pastor who had reflected on the matter, and was willing to transfer the land. The court (P.M. Njoroge J) marked the withdrawal application as heard and determined, it having been overtaken by events since judgment had already been delivered. Invoking Section 3A of the Civil Procedure Act, the court adopted the consent and ordered: abandonment of the intended appeal to the Minister; transfer of Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant within 30 days; and, failing that, the District Land Adjudication and Settlement Officer to register the land in the ex-parte applicant's name. Each party was to bear their own costs.

Key legal issues

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01

Adoption of a consent as an order of the court

Holding

The court adopted the consent of the parties, converting its terms (transfer of land, abandonment of the appeal, each party bearing its costs) into binding orders

Reasoning

After judgment had been delivered, the parties and their advocates proffered a written consent. The court invoked its inherent power under Section 3A of the Civil Procedure Act and, in the interest of justice, issued orders mirroring the consent's terms: abandonment of the intended appeal to the Minister, transfer of the suit land within 30 days, and a fall-back directive to the District Land Adjudication and Settlement Officer to register the land to the ex-parte applicant if transfer was not effected.

p. 2
02

Status of the Interested Party's withdrawal application

Holding

The application dated 11th May 2018 was overtaken by events because judgment had already been delivered, and was marked as heard and determined

Reasoning

The Interested Party, a son sponsored by the ex-parte applicant during circumcision, sought leave to withdraw from the proceedings, describing himself as a pastor who had reflected on the suit and was willing to transfer the land parcel to the ex-parte applicant. The court found that since judgment had already been delivered, the application served no practical purpose and marked it as heard and determined.

p. 2

Legal principles established

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  • A consent recorded by parties and their advocates may be adopted and given effect to as an order of the court pursuant to the court's inherent power under Section 3A of the Civil Procedure Act

Court orders

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  1. 1.The application dated 11th May 2018 marked as heard and determined, having been overtaken by events
  2. 2.By consent, the intended appeal to the Minister abandoned
  3. 3.The Interested Party, Joseph Ikuura wa Zakayo, to transfer Land Parcel No. 1807 Gatunga Adjudication Section to the ex-parte applicant Gerald Mbuuri Kabugu within 30 days
  4. 4.If not implemented, the District Land Adjudication and Settlement Officer to have the land registered in the name of Gerald Mbuuri Kabugu upon expiry of the 30 days
  5. 5.Parties to bear their own costs

Authorities

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Legislation

  • Civil Procedure ActSection 3A
Jurisdiction invoked
Section 3A of the Civil Procedure Act (inherent power), upon a consent of the parties in judicial review proceedings

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, "Gerald Mbuuri Kabugu v Cabinet Secretary, Ministry of Lands & Settlement & 2 others [2018] KEELC 3355 (KLR)", Case Analysis (2018). Chuka ELC Judicial Review No. 1 of 2018 (Formerly Miscellaneous Application No. 2 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3355/eng@2018-05-14

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