[2015] KEHC 3311 (KLR)

[2015] KEHC 3311 (KLR)

The court adopted the consent of the parties, which provided for the setting aside of the interlocutory judgment and granted the defendant leave to file her defence within 14 days, with a corresponding right for the plaintiff to reply. The court recognized that parties are at liberty to compromise proceedings by...

Source-derived case information.

Citation
[2015] KEHC 3311 (KLR)
Parties
Plaintiff: Betty Muthoni; Defendant: Hellen Kuthuka M'Ikiara
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Civil Case 30 of 2014
Procedural Posture
Civil Case / Ruling on Consent and Setting Aside Interlocutory Judgment
Outcome
Consent adopted as order of the court; interlocutory judgment set aside; leave granted to file defence.
Judges
FM Njoroge
Legal Topics
Setting Aside Judgment, Consent Orders, Leave to File Defence
Source Language
en
Civil Procedure Setting Aside Judgment Consent Orders Leave to File Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Betty Muthoni

Plaintiff

Hellen Kuthuka M'Ikiara

Defendant

Procedural Posture

Civil Case / Ruling on Consent and Setting Aside Interlocutory Judgment

Legal Issues

  1. 1 Whether the interlocutory judgment should be set aside by consent of the parties.
  2. 2 Whether the defendant should be granted leave to file a defence out of time.

Ratio Decidendi

The court adopted the consent of the parties, which provided for the setting aside of the interlocutory judgment and granted the defendant leave to file her defence within 14 days, with a corresponding right for the plaintiff to reply. The court recognized that parties are at liberty to compromise proceedings by consent, and such consent, once adopted, is binding and enforceable as an order of the court. There was no objection from either party, and the court found no reason to withhold its approval of the consent. The interlocutory judgment was therefore set aside, and directions for the filing and service of pleadings were given in accordance with the consent. Costs were ordered to be...

Court Disposition

Consent adopted as order of the court; interlocutory judgment set aside; leave granted to file defence.

Orders

  • The defendant is allowed to file her defence within 14 days and serve within 14 days of filing.
  • The plaintiff is granted leave to file a reply to defence within 14 days of service.