[2018] KEELC 1220 (KLR)
The court found that the parties had reached a clear and mutually agreed settlement regarding the payment of costs, specifying the amounts and payment dates. The court adopted the agreement as an order, holding that it is proper to mark the suit as fully settled on those terms. The judgment previously delivered...
Source-derived case information.
- Citation
- [2018] KEELC 1220 (KLR)
- Parties
- Plaintiff: Charles Iguna Nduyo; Plaintiff: Kithetu Mugambi; Plaintiff: Agnes Karia Makanya; Defendant: Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee); Applicant: The Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 60 of 2017
- Procedural Posture
- Land and Property / Ruling on Settlement and Costs
- Outcome
- Suit marked as fully settled by consent; costs to be paid as agreed.
- Judges
- FM Njoroge
- Legal Topics
- Settlement of Land Disputes, Costs Award, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Iguna Nduyo
Plaintiff
Kithetu Mugambi
Plaintiff
Agnes Karia Makanya
Plaintiff
Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee)
Defendant
The Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary)
Applicant
Procedural Posture
Land and Property / Ruling on Settlement and Costs
Legal Issues
- 1 Whether the court should adopt the parties' settlement agreement as an order of the court.
- 2 Whether the costs should be paid as agreed by the parties.
Ratio Decidendi
The court found that the parties had reached a clear and mutually agreed settlement regarding the payment of costs, specifying the amounts and payment dates. The court adopted the agreement as an order, holding that it is proper to mark the suit as fully settled on those terms. The judgment previously delivered remains in force except as to costs, which are now governed by the consent. The court's intervention was limited to formalizing the parties' agreement and ensuring enforceability of the payment schedule for costs.
Court Disposition
Suit marked as fully settled by consent; costs to be paid as agreed.
Orders
- The agreement on payment of costs (Kshs. 84,000) in two instalments is adopted as an order of the court.
- The suit is marked as fully settled.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO 60 OF 2017
FORMERLY MERU ELC CASE NO.139 OF 2016
CHARLES IGUNA NDUYO......................................1ST PLAINTIFF
KITHETU MUGAMBI.............................................2ND PLAINTIFF
AGNES KARIA MAKANYA....................................3RD PLAINTIFF
VERSUS
GITURI PRIMARY SCHOOL
(sued thro’ chairman, secretary & treasurer of
school management committee)......................................DEFENDANT
THE BOARD OF MANAGEMENT M.C.K.
GITURI PRIMARY SCHOOL (thro’ the
chairperson and secretary).......INTERESTED PARTY/APPLICANT
RULING
1. This ruling concerns a request by the advocates representing the parties to mark this suit as fully settled and to sanction their agreement that the defendants will pay costs in the sum of Kenya shillings Eighty four thousand (Kshs.84,000/=) to the plaintiffs in the following manner:-
a) Kshs. Fifty Thousand (Kshs.50,000/=) to be paid on or before 30th January, 2019.
b) Kshs. Thirty Four Thousand (Kshs.34,000/=) to be paid on or before 30th June, 2019.
2. The agreement reflected in paragraph 1 above is adopted as an order of this court.
3, This court’s judgment dated 28th day of March, 2017 remains as delivered except that costs will be as reflected in paragraph 1 above.
4. It is so ordered.
Delivered in open court at Chuka this 30th day of October, 2018 in the presence of:
CA: Ndegwa
Hiram Kirimi h/b Murango Mwenda for the plaintiffs
Edwin Kimathi for the defendants
P.M. NJOROGE
JUDGE