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ELCDismissedChuka ELC 226 of 2017· [2018] KEELC 3530 (KLR)

David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 3530 (KLR)

Environment and Land Court
30 April 2018
PNP.M. Njoroge
792 words in judgment
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The bottom line

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A consent judgment settling one land case in Chuka automatically ended a related suit, killing an application to set aside an earlier judgment.

What this practically means

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Executive summary

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This Chuka Environment and Land Court decision by P.M. Njoroge J dealt with Chuka ELC 226 of 2017, David Kamundi Muranga v Charles Njagi Kanga, in which Charles Nyaga and Nicholas Mwiti appeared as Interested Parties. The court reproduced in full the consent judgment delivered on 30th April 2018 in Chuka ELC 116 of 2017 (Charles Nyaga & Another v Charles Njagi & Another), under which the parties' consent dated 3rd April 2018 was adopted as an order of the court, the suit was marked as withdrawn with no order as to costs, and Land Parcel No. Muthambi/Lower-Karimba/1604 was declared to rightly and legally belong to Mariko Kamunde, the 2nd defendant. The identities of all four parties to that suit had been confirmed through their identity cards, and both sides had filed notices to act in person, dispensing with the firms of Maitai Rimita & Co. Advocates and P.M. Mutani & Co. Advocates. Against that background, the court held that the consent judgment had compromised the present suit in its entirety, declared the suit deemed as having been heard and determined, and dismissed as compromised and abandoned the Interested Parties' application dated 6th November 2017 which had sought to set aside orders issued in this court's judgment of 17th October 2017. On costs, the court declined to make an award to the firm of Rimita & Co. Advocates, instead giving that firm liberty to pursue its costs from the plaintiffs in Chuka ELC 116 of 2017, who were also the Interested Parties here. Judgment was delivered in open court at Chuka on 30th April 2018.

Key legal issues

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Effect of the consent judgment in Chuka ELC 116 of 2017 on this suit

Holding

The consent judgment compromised this suit entirely; the suit is deemed heard and determined and the Interested Parties' setting-aside application is compromised, abandoned and dismissed

Reasoning

The court reproduced the consent judgment of 30th April 2018 in which the plaintiffs' suit in ELC 116 of 2017 was marked as withdrawn and settled and Mariko Kamunde was declared rightful owner of Muthambi/Lower Karimba/1604. Since the parties before it were the same or connected, the court found the compromise covered the present suit and the Interested Parties' application dated 6th November 2017, dismissing it as abandoned. Costs were left to be pursued by Rimita & Co. Advocates against the plaintiffs in ELC 116 of 2017.

p. 3

Legal principles established

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  • A consent judgment compromise recorded in a related suit disposes of a pending suit in its entirety and any interlocutory application in it

Court orders

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  1. 1.The suit is deemed as having been heard and determined on the basis that the consent judgment compromised it in its entirety
  2. 2.The application dated 6th November 2017 by the Interested Parties is deemed compromised and abandoned and is dismissed
  3. 3.The firm of Rimita & Co. Advocates is at liberty to pursue its costs from the plaintiffs in Chuka ELC 116 of 2017, who are also interested parties in Chuka ELC 226 of 2017
Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes (the judgment does not expressly cite a constitutional or statutory provision)

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, "David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 3530 (KLR)", Case Analysis (2018). Chuka ELC 226 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3530/eng@2018-04-30

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