Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) (Environment & Land Case 2163 of 2001) [2024] KEELC 357 (KLR) (25 January 2024) (Ruling)

Citation
Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) [2024] KEELC 357 (KLR)
Media Neutral Citation
[2024] KEELC 357 (KLR)
Court
Environment and Land Court
Court station
Environment and Land Court at Nairobi
Outcome
Dismissed
Case number
Environment & Land Case 2163 of 2001
Attorneys
Gatitu, Njugi,
Judges
LN Mbugua
Judgment date
25 January 2024
Language
English
Type
Judgment
Original source file
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Order
The application made by Mr. Njugi for the Interested Parties is hereby declined. The mediation agreement dated 12.10.2022 is hereby adopted as an order of the court.
1.This matter was referred for mediation on 23.2.2022 and a mediation agreement was subsequently made on 12.10.2023. The same is yet to be adopted as an order of the court.
2.On 16.1.2024, both the plaintiffs and defendants requested the court to adopt the said mediation agreement as an order of the court. However, counsel for the interested parties opposed this move averring that they were never served with the same. They desire that a copy of the mediation report be availed to them.
3.I have taken into consideration the various applications lodged by the Interested Parties geared towards halting the adoption of the mediation agreement culminating into various rulings i.e. the ones delivered on 9.2.2023, 27.4.2023 and 28.9.2023.
4.In particular, in the ruling dated 9.2.2023 at paragraph 10, the court noted that the Interested Party had no formal statement of claim by the time the matter was referred for mediation. It follows that the Interested Parties have no basis to put conditions in the adoption of the mediation agreement.
5.It is further noted that the mediation agreement was not even signed by the Interested Parties or their representatives.
6.In that regard, the application made by Mr. Njugi for the Interested Parties is hereby declined.
7.The mediation agreement dated 12.10.2022 is hereby adopted as an order of the court.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gatitu for PlaintiffThuo holding brief for Mrs. Kamuyu for 3rd DefendantNjugi for Interested PartiesCourt Assistant: Eddel
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