Benjamin Chepkirwok Rotich v Josephine Longok [2020] KEELC 3239 (KLR)
- Court
- Environment & Land Court
- Case number
- 3239
- Citation
- [2020] KEELC 3239 (KLR)
- Decided
- 27 February 2020
The court declares that the matter is settled and that the court has no jurisdiction to hear and determine the matter beyond adopting the consent order recorded herein. The plaintiff shall bear the costs of the suit.
Facts
The plaintiff sued the defendant for eviction of the defendant and his agents, servants from a specific land parcel. The defendant claimed adverse possession of the land since 1999.
Issues
- Whether the Consent of the parties recorded on 15/3/2017 finalised the matter.
- Who should bear the costs of this suit?
Reasoning
The court found that the consent order was recorded with an admission of liability from the plaintiff, and the court had no jurisdiction to try the suit beyond the consent order. The costs of the suit are to be borne by the plaintiff.
Outcome
The matter is settled, and the court has no jurisdiction to hear and determine the matter beyond adopting the consent order recorded herein.
Orders
- The plaintiff shall bear the costs of the suit.
- The plaintiff shall pay the taxed costs and in default execution shall issue in the normal manner.
Authorities cited
Legislation (1)
- Civil Procedure Act
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