[2014] KEHC 2479 (KLR)
The court adopted the consent of the parties, which provided for the withdrawal of the suit with no orders as to costs. By so doing, the court recognized the binding nature of the consent, effectively terminating the proceedings and precluding the parties from re-litigating the same issues. The withdrawal by consent...
Source-derived case information.
- Citation
- [2014] KEHC 2479 (KLR)
- Parties
- Plaintiff: African Avengelical Presbyterian Church; Defendant: Rev. Moses Mwithalii; Defendant: Mutunda Education Centre
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 4 of 2013
- Procedural Posture
- Civil Case / Withdrawal by Consent Before Judgment
- Outcome
- Suit withdrawn by consent with no orders as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Trespass to Land, Injunctive Relief, Withdrawal by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Avengelical Presbyterian Church
Plaintiff
Rev. Moses Mwithalii
Defendant
Mutunda Education Centre
Defendant
Procedural Posture
Civil Case / Withdrawal by Consent Before Judgment
Legal Issues
- 1 Whether the 2nd defendant trespassed or unlawfully occupied the plaintiff's premises on land parcel No. Amwathi/Maua/2048.
- 2 Whether the plaintiff is entitled to a permanent injunction restraining the 2nd defendant from occupying the premises.
- 3 Whether the plaintiff is entitled to general damages for trespass.
Ratio Decidendi
The court adopted the consent of the parties, which provided for the withdrawal of the suit with no orders as to costs. By so doing, the court recognized the binding nature of the consent, effectively terminating the proceedings and precluding the parties from re-litigating the same issues. The withdrawal by consent rendered the substantive claims and prayers in the plaint moot, and the court made no determination on the merits of the claims for injunction or damages. The matter was marked as withdrawn, and the parties were barred from bringing it back to court, in accordance with the terms of the consent and the applicable procedural rules.
Court Disposition
Suit withdrawn by consent with no orders as to costs.
Orders
- The suit is marked as withdrawn with no orders as to costs.
- The parties may not bring the matter back to court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 4 OF 2013
AFRICAN AVENGELICAL PRESBYTERIAN CHURCH...........................PLAINTIFF
VERSUS
REV. MOSES MWITHALII.................................................................1ST DEFENDANT
MUTUNDA EDUCATION CENTRE...............................................2ND DEFENDANT
J U D G M E N T
In its plaint the plaintiff sought orders for:
A permanent injunction restraining the 2nd defendant from trespassing or in any way taking possession and/or occupation of the plaintiff's premises situated at land parcel No. Amwathi/Maua/2048.
General damages for trespass.
The Costs of this suit and interest thereupon.
On 8. 7.2014, the parties presented a consent whose terms they prayed the court to adopt as an order of the Court. The Consent was in the following terms:
“By consent of the parties herein and their counsels the suit
herein be marked as withdrawn with no orders as to costs”
The consent was signed by the firm of Mokua Obiria, Associates for the plaintiff,
and by the firm of Meenye Kirima and Co. Advocates for the defendants.
The consent terms are adopted as an order of this Court. The matter is marked withdrawn and the parties may not bring it back to Court.
It is so ordered.
Delivered in Open Court at Meru this 8th day of July, 2014 in the presence of:
Cc. Lilian
Mutunga h/b Mokua for plaintiff.
Gikunda Anampiu h/b Kirima for defendants.
P. M. NJOROGE
JUDGE