[2002] KECA 254 (KLR)
The Court of Appeal, upon being satisfied that all parties have consented, marked the appeal and the underlying High Court suit as settled on the agreed terms. The appellant is to pay KShs.200,000 to the respondents in full and final settlement, with payment to be made from the joint advocates' account. The balance...
Source-derived case information.
- Citation
- [2002] KECA 254 (KLR)
- Parties
- Appellant: British American Insurance Company Limited; Respondent: Lydia Nyambura Ruheni; Respondent: Ruheni Gatugira; Respondent: Daniel N. Ruheni
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 212 of 1999
- Procedural Posture
- Civil Appeal / Settlement Before Judgment
- Outcome
- Appeal and suit marked as settled by consent; payment and distribution of funds ordered.
- Legal Topics
- Settlement of Appeal, Insurance Liability, Payment of Judgment Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
British American Insurance Company Limited
Appellant
Lydia Nyambura Ruheni
Respondent
Ruheni Gatugira
Respondent
Daniel N. Ruheni
Respondent
Procedural Posture
Civil Appeal / Settlement Before Judgment
Legal Issues
- 1 Whether the appeal and the underlying suit should be marked as settled by consent of the parties.
- 2 Whether the payment of KShs.200,000 to the respondents constitutes full and final settlement of all claims in the appeal and suit.
- 3 How the funds held in the joint advocates' account should be distributed.
Ratio Decidendi
The Court of Appeal, upon being satisfied that all parties have consented, marked the appeal and the underlying High Court suit as settled on the agreed terms. The appellant is to pay KShs.200,000 to the respondents in full and final settlement, with payment to be made from the joint advocates' account. The balance in the account is to be released to the appellant's advocates. Each party is to bear its own costs. The court's decision is grounded in the principle that a consent order, freely entered into by parties, is binding and concludes the litigation between them on the agreed terms. There being no evidence of fraud or mistake, the court has no basis to interfere with the consent. The...
Court Disposition
Appeal and suit marked as settled by consent; payment and distribution of funds ordered.
Orders
- The appeal and Nakuru High Court Civil Case No. 238 of 1983 are marked as settled in terms of the consent.
- British American Insurance Company Limited to pay KShs.200,000 to Lydia Nyambura Ruheni, Ruheni Gatugira, and Daniel N. Ruheni as full and final settlement.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: GICHERU, SHAH & BOSIRE, JJ.A.
CIVIL APPEAL NO. 212 OF 1999
BETWEEN
BRITISH AMERICAN INSURANCE COMPANY LIMITED ............APPELLANT
AND
LYDIA NYAMBURA
RUHENI GATUGIRA
DANIEL N. RUHENI[The legal representatives ofJOHNSON RUHENI (deceased)]........................................RESPONDENTS
(Appeal from a judgment & decree of the High Court of Kenya at Nakuru (Nambuye J) dated 9th May, 1994 in H.C.C.C. NO. 238 OF 1983) *************** RULING OF THE COURT
By consent Civil Appeal No. 212 of 1999, and Nakuru High Court Civil Case No. 238 of 1983, be and are hereby marked as settled in terms that British American Insurance Company Limited do pay the respondent Lydia Nyambura Ruheni, Ruheni Gatugira and Daniel N. Ruheni(the Administrators of the estate of Johnson Ruheni) KShs.200,000/= in full and final settlement of the appeal and the suit. The said sum to be paid out of the joint account held in the names of Kagucia & Company Advocates and Kaplan & Stratton Advocates, with Housing Finance Company of Kenya Limited, Rehani House, Nairobi. The balance of the sum held in that account be released to the appellant's advocates, Messrs Kaplan & Stratton forthwith. Each party to bear own costs both here and in the superior court.
Made at Nakuru this 21st day of February, 2002.
J. E. GICHERU --------------- JUDGE OF APPEAL
A. B. SHAH --------------- JUDGE OF APPEAL
S. E. O. BOSIRE --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR