Jattani v Jattani (Environment and Land Appeal 009 of 2023) [2024] KEELC 1095 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the consent recorded by the parties should be adopted as an order of the court
The court adopted the consent as its order, allowing the Applicant to draw Kshs 15,000.00 monthly rental proceeds from Plot 212 with the balance deposited in a joint interest-earning account pending the appeal
The parties, through their advocates, recorded a consent regulating the collection and custody of rental proceeds from Plot No 212 Moyale Township pending hearing of the main appeal. The consent also disposed of the application dated 14/12/2023, which sought stay of execution and review of the ruling of 4th December 2023. Having been jointly proposed by the parties, the court adopted the consent as an order and marked the application settled.
Directions on the expeditious disposal of the main appeal
The intended appellant was given 21 days to file and serve the record of appeal, with directions to be given on 6/5/2024
Clause 4 of the consent required the matter to be mentioned for further directions, including on filing of the record of appeal and hearing of the appeal on a priority basis. The court accordingly granted the intended appellant 21 days to file and serve the record of appeal and scheduled the matter for directions on 6th May 2024, consistent with the consent's objective of prioritising the appeal.
Legal principles established
#- A consent duly recorded by the parties may be adopted as an order of the court, whereupon the underlying application is marked as settled
Court orders
#- 1.The consent recorded by the parties is adopted as an order of the court, allowing the Applicant to collect rental proceeds of Kshs 15,000.00 monthly from Plot No 212 Moyale Township save for proceeds held by Safaricom (K) Limited, with the balance deposited monthly in a joint interest-earning bank account in the joint names of M/S Mwirigi & Nzomo Co. Advocates and M/S Ndubi Ondubi & Associates pending hearing and determination of the main appeal
- 2.The application dated 14th December, 2023 is marked as settled with no orders as to costs
- 3.The intended appellant is granted 21 days to file and serve the record of Appeal
- 4.The matter to come to court for directions on 6/5/2024
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over the appeal; consent order adopted by consent of the parties
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jattani v Jattani (Environment and Land Appeal 009 of 2023) [2024] KEELC 1095 (KLR)", Case Analysis (2024). Isiolo ELC Appeal No E009 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1095/eng@2024-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.