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ELCOtherNot stated in the judgment as provided· [2022] KEELC 2958 (KLR)
Blue Sky Studios & Media Centre v The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair (Environment & Land Case 31 of 2014) [2022] KEELC 2958 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a consent recording in a suit between Blue Sky Films (EPZ) Limited (plaintiff) and the Agricultural Society of Kenya (defendant), delivered by Lucy N. Mbugua, Judge, at Nairobi on 16 June 2022 via Microsoft Teams. By consent, the parties agreed that the case be marked as settled on specified terms. The plaintiff agreed to absorb the cost of consultancy services incurred in the design of studios proposed for the suit premises. The defendant agreed to refund one year's rent out of the two years' rent paid in advance, specifically the second year of the tenancy (2012), with the refund credited to the rental account for plot no. A14, currently leased and occupied by the plaintiff from the defendant. The defendant further agreed to consider implementing the Jamhuri Park Master Plan on plot A14 only after at least five years from December 1, 2021. ASK undertook to grant the plaintiff a five-year lease over plot A14 with effect from December 1, 2021, without terminating it during the term except as provided in the lease, and to offer rental increments of 15% after every two years. Upon execution of the lease, the advocates were to file the consent on the court record and have it adopted as an order of the court at the earliest mention date, whereupon the defendant would hand over vacant possession of the suit premises. Each party was ordered to bear its own costs.
Key legal issues
#01
Whether the suit should be marked as settled on the consented terms
Holding
By consent, the case was marked as settled on the terms set out in the recorded consent, including refund of one year's rent, grant of a 5-year lease over plot A14, and handover of vacant possession
Reasoning
The parties reached a consensual settlement governing the tenancy of the suit premises and the proposed Jamhuri Park Master Plan implementation on plot A14. The consent was recorded verbatim by the court and adopted as the basis for disposing of the matter, with each party bearing its own costs.
p. 1
Legal principles established
#- Where parties agree by consent to settle a suit, the terms of settlement may be recorded and adopted as an order of the court.
Court orders
#- 1.The case is marked as settled by consent
- 2.The plaintiff shall absorb the cost of any consultancy services incurred in design of the studios proposed for the suit premises
- 3.The defendant shall refund the rent for one year out of the rent paid for two years in advance, the second year of the tenancy (2012), to be credited to the rental account for plot no. A14 leased by Blue Sky Films (EPZ) Limited
- 4.The defendant shall only consider implementing the Jamhuri Park Master Plan on plot A14 after at least five years have elapsed with effect from December 1, 2021
- 5.The ASK shall grant Blue Sky Films (EPZ) Limited a 5-year Lease for plot no. A14 with effect from December 1, 2021, and shall take no steps to terminate it during the term except as provided for in the lease
- 6.ASK will offer Blue Sky Films (EPZ) Limited a considerate rental increment of 15% after every two years of the lease term
- 7.Upon execution of the five-year lease, the advocates shall file the consent on the court's case record and adopt it as an order of the court at the earliest mention date
- 8.Upon filing and adoption of the consent as an order of the court, the defendant shall hand over vacant possession of the suit premises for the defendant's own use
- 9.Each of the parties shall bear its own costs
- Jurisdiction invoked
- Not stated in the judgment as provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Blue Sky Studios & Media Centre v The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair (Environment & Land Case 31 of 2014) [2022] KEELC 2958 (KLR)", Case Analysis (2022). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2958/eng@2022-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.