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Janerose Kaimenyi William v Stanley Kirea Nabea [2017] KEELC 181 (KLR)

[2017] KEELC 181 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
181
Citation
[2017] KEELC 181 (KLR)
Decided
4 December 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureConsent OrderCoramHON. L. N. MBUGUA, C.A: Janet, Mwiti H/B for Gikunda Anampiu for Plaintiff present, Mwanzia for Defendant present
Holding

The court adopted the consent order allowing the plaintiff's application for costs and prayer 2, and allowing the defendant to remain in occupation of the land. The plaintiff was required to file and serve their amended plaint and supporting documents within 7 days, and the defendant was required to file and serve their defence and counter claim and supporting documents within 28 days. The inhibition in prayer 5 was allowed to remain in force in respect of ABOTHUGUCHI/UPPER KAONGO/2060 and 2061.

Facts

The case involves a land dispute between Janerose Kaimenyi William and Stanley Kirea Nabea. The plaintiff, Janerose Kaimenyi William, filed an application for costs and other matters. The defendant, Stanley Kirea Nabea, filed an application for prayer 2 to be allowed and for the defendant to remain in occupation of the land.

Issues

  1. Costs in the cause
  2. Allowing prayer 2
  3. Defendant's occupation of the land
  4. Plaintiff to file and serve amended plaint and supporting documents within 7 days
  5. Defendant to file and serve defence and counter claim and supporting documents within 28 days
  6. Inhibition in prayer 5 to remain in force in respect of ABOTHUGUCHI/UPPER KAONGO/2060 and 2061

Reasoning

The court adopted the consent order as it was properly signed and binding upon the counsels.

Outcome

The consent order was adopted by the court.

Orders

  • Application of 18:09:17 allowed with costs in the cause
  • For the application of 22:08:17, prayer 2 is allowed
  • Defendant to remain in occupation of the land he is currently occupying
  • Plaintiff to file and serve their amended Plaint and all Supporting documents within 7 days
  • Defendant to file and serve the defence and counter claim and all supporting documents within 28 days
  • Inhibition in prayer prayed for in prayer 5 is allowed (to remain in force in respect of ABOTHUGUCHI/UPPER KAONGO/2060 and 2061)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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