Yator v Uasin Gishu County & another (Environment & Land Case 349 of 2016) [2024] KEELC 7581 (KLR) (13 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7581
- Citation
- [2024] KEELC 7581 (KLR)
- Decided
- 13 November 2024
Summary at a glance
TypeEnvironment and Land CasePostureAppeal from an original trial decisionCoramJM ONYANGO
The consent order issued on 16.7.2019 is set aside and the status quo is maintained.
Facts
Prisca Yator filed an application seeking to set aside a consent order issued on 16th July 2019 and to restrain the defendant from approving or transferring title on behalf of Eld/MUN Block 25/3. The application was opposed by the Attorney General.
Issues
- Whether the consent order issued on 16.7.2019 should be set aside.
- Whether an injunction should be issued to restrain the Defendant from approving or transferring the title in respect of land parcel no. Eldoret Municipality Block25/3.
Reasoning
The court noted that the consent order was issued in the absence of the plaintiff and her advocate, and that the plaintiff was not served with the order.
Outcome
The application is granted.
Orders
- The consent order issued on 16.7.2019 is set aside.
- The status quo is maintained.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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