[2016] KEHC 4512 (KLR)
The court adopted the consent entered into by the parties, which was properly signed by their advocates, as the judgment of the court. The consent provided for judgment in favour of the plaintiff for Kshs. 600,000, withdrawal of the suit and counterclaim, and no order as to costs. The court found that the consent...
Source-derived case information.
- Citation
- [2016] KEHC 4512 (KLR)
- Parties
- Plaintiff: Abdulkadir Nura; Defendant: Dura Dabaso Jiro; Defendant: Noor Dabaso Jillo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 96 o f 20 of 2011
- Procedural Posture
- Civil Suit / Judgment on Consent
- Outcome
- judgment entered for plaintiff by consent; suit and counterclaim withdrawn; no order as to costs
- Judges
- FM Njoroge
- Legal Topics
- Trespass, Permanent Injunction, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulkadir Nura
Plaintiff
Dura Dabaso Jiro
Defendant
Noor Dabaso Jillo
Defendant
Procedural Posture
Civil Suit / Judgment on Consent
Legal Issues
- 1 Whether the defendants trespassed or interfered with the plaintiff's peaceful occupation of Plot No. 243B Moyale.
- 2 Whether the plaintiff is entitled to a permanent injunction and damages against the defendants.
- 3 Whether the suit and counterclaim should be marked as withdrawn with no order as to costs.
Ratio Decidendi
The court adopted the consent entered into by the parties, which was properly signed by their advocates, as the judgment of the court. The consent provided for judgment in favour of the plaintiff for Kshs. 600,000, withdrawal of the suit and counterclaim, and no order as to costs. The court found that the consent was valid and binding, and accordingly entered judgment in those terms, marking the suit as settled and barring re-litigation of the issues between the parties.
Court Disposition
judgment entered for plaintiff by consent; suit and counterclaim withdrawn; no order as to costs
Orders
- Judgment is entered for the Plaintiff against the Defendant for Kshs. 600,000.
- Parties will bear own costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 96 OF 2011
ABDULKADIR NURA.....................................................................PLAINTIFF
VERSUS
DURA DABASO JIRO....................................................................IST DEFENDANT
NOOR DABASO JILLO..................................................................2ND DEFENDANT
J U D G M E N T
In his plaint dated 19th July, 2011, the Plaintiff prays for Judgment against the Defendant for:-
An order of Permanent Injunction restraining the Defendant, his agents, servants or anyone acting on his behest from trespassing, building and or interfering with the Plaintiff's peaceful occupation of Plot No. 243B Moyale.
Costs of this suit.
On 11th May, 2016, the Advocates for the parties intimated to Court that they had a Consent which they urged the Court to record as its Order. The Consent was dated 11th May, 2016 and was in the following terms:-
CONSENT
“By Consent of the Counsel and parties herein, it is hereby agreed that Judgment be entered for the Plaintiff against the Defendant for Kshs. 600,000/= all inclusive. The suit and Counterclaim be marked as withdrawn with no order as to costs”
I do confirm that the Consent is properly signed by the Advocates who represent the parties in this suit. Therefore, this Consent is adopted as an order of this Court.
Consequently the Court issues the following Orders:-
Judgment is entered for the Plaintiff against the Defendant for Kshs. 600,000/=.
Parties will bear own Costs.
This suit is marked as settled and issues in the suit cannot be re-litigated by the parties.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 11TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
Lilian/Daniel
Kimathi Kiara for the Plaintiff
Bundi for the Defendant
P.M. NJOROGE
JUDGE