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ELCOtherIsiolo ELC Appeal No E009 of 2023· [2024] KEELC 1095 (KLR)

Jattani v Jattani (Environment and Land Appeal 009 of 2023) [2024] KEELC 1095 (KLR)

Environment and Land Court
4 March 2024
403 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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This ruling of the Environment and Land Court at Isiolo, delivered by Hon. Justice P.M Njoroge on 4th March 2024, resolved an application dated 14th December 2023 in Isiolo ELC Appeal No E009 of 2023, Adbi Guyo Jattani v Guyo Jattani. The application sought certification as urgent, a stay of execution of orders issued on 4th December 2023, and an order setting aside or reviewing that ruling to allow the Respondent/Applicant to collect rental income only from shops erected on Plot 212. Rather than determining the application on its merits, the parties recorded a consent under which the Applicant in the application and the Respondent in the main appeal was allowed to collect, receive, draw or access rental proceeds of Kenya Shillings Fifteen Thousand (Kshs 15,000.00) monthly from Plot No 212 Moyale Township, save for proceeds held by Safaricom (K) Limited, with the balance of the monthly rental proceeds deposited in a joint interest-earning bank account operated 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. The consent further provided that the application dated 14th December 2023 be marked as settled with no orders as to costs, and that the matter be mentioned for further directions, including directions on filing of the record of appeal and hearing of the appeal on a priority basis. The court adopted the consent as an order of the court, granted the intended appellant 21 days to file and serve the record of appeal, and directed the parties to appear for directions on 6th May 2024. Miss Nyasani appeared for the Appellant and Miss Kerubo for the Respondent.

Key legal issues

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01

Whether the consent recorded by the parties should be adopted as an order of the court

Holding

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

Reasoning

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.

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02

Directions on the expeditious disposal of the main appeal

Holding

The intended appellant was given 21 days to file and serve the record of appeal, with directions to be given on 6/5/2024

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.The application dated 14th December, 2023 is marked as settled with no orders as to costs
  3. 3.The intended appellant is granted 21 days to file and serve the record of Appeal
  4. 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

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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, "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.