[2014] KEHC 264 (KLR)
The court adopted the consent recorded by the parties as the judgment of the court. The defendant had already paid Kshs. 60,000 and agreed to pay the remaining Kshs. 180,000 with interest at court rates by 31st July 2014. Costs were awarded to the plaintiff to be taxed by the Deputy Registrar. The court held that if...
Source-derived case information.
- Citation
- [2014] KEHC 264 (KLR)
- Parties
- Plaintiff: Antony Reece Kanoti; Defendant: Kathaka Mwarania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 129 of 2012
- Procedural Posture
- Civil Suit / Judgment on Consent
- Outcome
- suit concluded by consent judgment
- Judges
- FM Njoroge
- Legal Topics
- Consent Judgment, Debt Recovery, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Reece Kanoti
Plaintiff
Kathaka Mwarania
Defendant
Procedural Posture
Civil Suit / Judgment on Consent
Legal Issues
- 1 Whether the consent recorded by the parties should be adopted as the judgment of the court.
- 2 Whether the defendant is liable to pay the outstanding balance and costs as agreed.
Ratio Decidendi
The court adopted the consent recorded by the parties as the judgment of the court. The defendant had already paid Kshs. 60,000 and agreed to pay the remaining Kshs. 180,000 with interest at court rates by 31st July 2014. Costs were awarded to the plaintiff to be taxed by the Deputy Registrar. The court held that if the defendant failed to pay as agreed, judgment would be entered for the plaintiff as prayed in the plaint without further proceedings. The consent resolved all issues in the suit, and the matter was marked as concluded.
Court Disposition
suit concluded by consent judgment
Orders
- The defendant to pay the plaintiff Kshs. 180,000 with interest at court rates on or before 31st July 2014.
- Costs at court rates awarded to the plaintiff to be taxed by the Deputy Registrar.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 129 OF 2012
ANTONY REECE KANOTI............................................................................PLAINTIFF
VERSUS
KATHAKA MWARANIA...........................................................................DEFENDANT
J U D G E M E N T
Formal proof hearing had been fixed to take place on 25. 2.2014. The parties, however, asked the Court to record a consent in the following terms:
The defendant has already paid Kshs. Sixty thousand (Kshs.60,000) to the plaintiff and will refund the balance of Kenya Shillings one hundred and eighty thousand (Kshs.180,000) with interest at Court rates on or before 31st, July, 2014.
Costs at Court rates are awarded to the plaintiff to be taxed by the Deputy Registrar.
Should the defendant not pay to the plaintiff the amounts in orders 1 and 2 above, judgement in favour of the plaintiff as prayed in the plaint shall stand entered against the defendant without recourse to further proceedings.
The consent terms are adopted as orders of the Court and the suit is marked as concluded.
Dated, Signed and Delivered in open Court at Meru this 25th day of February, 2014
in the presence of:
Cc. Daniel
B. G. Kariuki for the plaintiff
Kathaka Mwarania - Defendant
P. M. NJOROGE
JUDGE