[2016] KEELC 1295 (KLR)
The court adopted the consent of the parties as its order, granting the plaintiff leave to amend the plaint and setting aside the interlocutory judgment against the defendants. The consent was properly executed and reflected the parties' agreement on the procedural issues. The court found no reason to withhold its...
Source-derived case information.
- Citation
- [2016] KEELC 1295 (KLR)
- Parties
- Plaintiff: Charles Kithinji Thuranira; Defendant: Stanley Kaigera Mtwamikwa; Defendant: Mukaria Kaigera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 6B of 2012
- Procedural Posture
- Civil Suit / Consent Order on Amendment and Setting Aside Interlocutory Judgment
- Outcome
- Consent adopted as order of the court; leave to amend plaint granted; interlocutory judgment set aside; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Interlocutory Judgment, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kithinji Thuranira
Plaintiff
Stanley Kaigera Mtwamikwa
Defendant
Mukaria Kaigera
Defendant
Procedural Posture
Civil Suit / Consent Order on Amendment and Setting Aside Interlocutory Judgment
Legal Issues
- 1 Whether the consent between the parties should be adopted as an order of the court.
- 2 Whether the plaintiff should be granted leave to amend the plaint.
- 3 Whether the interlocutory judgment against the defendants should be set aside.
Ratio Decidendi
The court adopted the consent of the parties as its order, granting the plaintiff leave to amend the plaint and setting aside the interlocutory judgment against the defendants. The consent was properly executed and reflected the parties' agreement on the procedural issues. The court found no reason to withhold its endorsement of the consent, as it was within the parties' rights to settle procedural matters by agreement. Each party was to bear their own costs, and the matter was to proceed for further directions regarding settlement negotiations.
Court Disposition
Consent adopted as order of the court; leave to amend plaint granted; interlocutory judgment set aside; costs in the cause.
Orders
- The plaintiff is granted leave to amend the plaint.
- The plaintiff to file and serve further amended plaint within 7 days from the date of consent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND COURT
CIVIL SUIT NO 6 B OF 2012
CHARLES KITHINJI THURANIRA.......................................PLAINTIFF
VERSUS
STANLEY KAIGERA MTWAMIKWA........................1ST DEFENDANT
MUKARIA KAIGERA............................................... 2ND DEFENDANT
R U L I N G
1. On 7th December, 2016 the parties proffered a consent which they asked the Court to adopt as its order.
2. The Consent is in the following terms;
(a) The Plaintiff be and is hereby granted leave to amend the plaint.
(b) The Plaintiff to file and serve further amended plaint within 7 days from the date of recording of this consent.
(c) The interlocutory judgment entered herein against defendants on 3rd February, 2015 be and is hereby set aside.
(d) Each party to meet his (sic) own costs of the application.
3. The Consent has been properly executed by the parties.
4. The consent is adopted as an order of this Court.
5. Parties are directed to obtain a date from the registry for directions during which date they will inform the Court about the progress made in their negotiations aimed at settling the matter.
6. Cost shall be in the cause.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF DECEMBER 2016 IN THE PRESENCE OF :-
C.A Daniel /James
J.G. Gitonga for the Plaintiff
Kaigera M'Itwamikwa -1st Defendant
Pius Mukaria- 2nd defendant
P. M. NJOROGE
JUDGE