[2007] KEHC 317 (KLR)
The court held that the controversy regarding the effect of the consent order on the entire suit, including the counterclaim, cannot be resolved informally or by mere mention. Instead, any party who feels aggrieved by the consent order must file a formal application for the court to determine the issue on its...
Source-derived case information.
- Citation
- [2007] KEHC 317 (KLR)
- Parties
- Plaintiff: Charles Njiru John; Defendant: Co-operative Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 30 of 2001
- Procedural Posture
- Civil Suit / Ruling on Effect of Consent Order
- Outcome
- No substantive orders made; parties directed to file formal application if aggrieved.
- Legal Topics
- Consent Orders, Compromise of Suit, Counterclaims, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Njiru John
Plaintiff
Co-operative Bank of Kenya Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Effect of Consent Order
Legal Issues
- 1 Whether the consent recorded by the parties compromised the entire suit.
- 2 Whether the defendant's counterclaim was affected by the consent order.
- 3 What is the appropriate procedure for a party aggrieved by the consent order.
Ratio Decidendi
The court held that the controversy regarding the effect of the consent order on the entire suit, including the counterclaim, cannot be resolved informally or by mere mention. Instead, any party who feels aggrieved by the consent order must file a formal application for the court to determine the issue on its merits. The court declined to make a substantive determination on the effect of the consent at this stage, emphasizing the need for proper procedure.
Court Disposition
No substantive orders made; parties directed to file formal application if aggrieved.
Orders
- Any party aggrieved by the consent order may file an appropriate application to be determined on merit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA\
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL SUIT 30 OF 2001
CHARLES NJIRU JOHN ………………………………….PLAINTIFF
VERSUS
CO-OPERATIVE BANK OF KENYA LTD ………….. DEFENDANT
RULING
This matter came before me in form of a mention, the issue being whether the consent which was recorded by the parties compromised the entire suit. Both counsel submitted their respective positions with counsel for the plaintiff maintaining that the suit was wholly compromised with the issue of costs being the only outstanding matter.
However, counsel for the defendant argued that the defendant’s counterclaim has not been affected by the consent.
I have now had the opportunity to consider these submission and to peruse the file. It is abundantly clear to me that the controversy cannot be resolved in the manner it was approached. It calls for a formal approach by any party who feels aggrieved by the consent order. Such party may file an appropriate application to be canvassed and the court to determine the controversy on merit.
It is so ordered.
DATED AND DELIVERED AT MERU THIS 8th DAY OF JUNE, 2007.
W. OUKO
JUDGE