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ELCOtherNot stated in judgment

Catherine Kageni & 5 others v County Government of Meru [2016] KEELC 1293 (KLR)

High Court of Kenya (Meru)
20 December 2016
309 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiffs, residents/tenants occupying houses and stalls on the Defendant's property known as 491/Angaine Estate within Meru County, sued by plaint dated 2nd September 2016 seeking an injunction restraining the Defendant from evicting them or demolishing their structures until they were fully compensated for their doors and windows upon lawful termination of tenancy under section 4(2) and (6) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), plus costs and any other relief. Before trial, on 20th December 2016, the parties through their advocates proffered a signed consent providing that the Defendant pay all Plaintiffs a total of Kshs. 1,600,000/= all inclusive upon execution of the consent; that the Plaintiffs and their families vacate the suit land within 60 days; that the suit be marked as settled; and that each party bear their own costs. P. M. Njoroge J adopted the consent as an order of the Court, marked the suit as settled, and directed its removal from the record of pending suits. No injunction was granted as the dispute was resolved on the negotiated terms. The judgment is a short consent-recording disposition with no contested findings on evidence or law.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether to record and adopt the consent signed by the parties' advocates settling the suit

Key legal issues

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01

Whether the consent reached by the parties should be recorded and given effect

Holding

The court adopted the consent as its order, marked the suit settled and removed it from pending suits

Reasoning

The parties, through their advocates Kiogora Mugambi and C.B Mwongela, proffered a signed consent providing for payment of Kshs. 1,600,000/= to the plaintiffs, vacation of the suit land within 60 days, marking of the suit as settled, and each party bearing own costs. The court found no reason to decline recording the consent and adopted it as an order of the court.

p. 2

Legal principles established

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  • A consent duly signed by advocates and adopted by the court is binding and disposes of the suit on its terms

Court orders

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  1. 1.The consent is adopted as an order of the Court
  2. 2.The Defendant to pay all the Plaintiffs a total of Kshs. 1,600,000/= all inclusive, payable upon execution and signing of the consent
  3. 3.The current residents (Plaintiffs) and their families to vacate the suit land within 60 days from the date of signing the consent
  4. 4.The suit is marked as settled and removed from the record of pending suits
  5. 5.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction over the suit; matter resolved by consent order recorded by the court

Relief refused

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Injunction restraining the defendant from evicting the plaintiffs or demolishing their houses/stalls pending compensation

Suit settled by consent; terms of settlement supersede the prayers in the plaint

p. 2

Costs

Each party to bear their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

That the Defendant do pay all the Plaintiffs a total of Kshs. 1,600,000/= all inclusive payable upon execution and signing of this consent.
p. 2Settlement terms - compensation
That the current residents (Plaintiffs) families to vacate the suit land within the next 60 days from the date of signing this consent.
p. 2Settlement terms - vacation
That each party to bear their own costs.
p. 2Costs
This suit is marked as settled and should be removed from the record of pending suits.
p. 2Disposition

Issues in the judgment

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minor

Case number not stated in the judgment text

minor

Suit property described with apparent typographical error '491/ ANGAINE ESTATE'

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, "Catherine Kageni & 5 others v County Government of Meru [2016] KEELC 1293 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1293/eng@2016-12-20

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