Gerald Mbuuri Kabugu v Cabinet Secretary, Ministry of Lands & Settlement & 2 others [2018] KEELC 3355 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Adoption of a consent as an order of the court
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
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.
Status of the Interested Party's withdrawal application
The application dated 11th May 2018 was overtaken by events because judgment had already been delivered, and was marked as heard and determined
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.
Legal principles established
#- 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
#- 1.The application dated 11th May 2018 marked as heard and determined, having been overtaken by events
- 2.By consent, the intended appeal to the Minister abandoned
- 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.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.Parties to bear their own costs
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act (inherent power), upon a consent of the parties in judicial review proceedings
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.