[2014] KEHC 258 (KLR)
The court found that the parties had freely entered into a consent which was adopted as an order of the court, and that the terms of the consent had been fully implemented. As such, the appeal was marked as settled and determined with finality. The court emphasized that a consent order, once adopted and implemented,...
Source-derived case information.
- Citation
- [2014] KEHC 258 (KLR)
- Parties
- Appellant: Charles Njoka; Respondent: Wilfred Rugendo Nyamu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 26 of 2001
- Procedural Posture
- Civil Appeal / Final Judgment After Consent Order
- Outcome
- Appeal marked as settled and determined with finality on the basis of consent; no further proceedings permitted.
- Judges
- FM Njoroge
- Legal Topics
- Consent Judgment, Land Transfer, Subdivision Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Njoka
Appellant
Wilfred Rugendo Nyamu
Respondent
Procedural Posture
Civil Appeal / Final Judgment After Consent Order
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as the final order of the court.
- 2 Whether the appeal should be marked as settled following implementation of the consent terms.
Ratio Decidendi
The court found that the parties had freely entered into a consent which was adopted as an order of the court, and that the terms of the consent had been fully implemented. As such, the appeal was marked as settled and determined with finality. The court emphasized that a consent order, once adopted and implemented, is binding on the parties and brings the litigation to an end, barring any further proceedings on the same matter unless grounds for setting aside the consent exist, which were not present in this case.
Court Disposition
Appeal marked as settled and determined with finality on the basis of consent; no further proceedings permitted.
Orders
- Appeal is withdrawn and lower court judgment and decree set aside as per consent.
- Appellant to transfer one half of land parcel Magumoni/Thuita/533 to the three respondents and their two brothers Njagi Nyamu and Francis Nyamu.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 26 OF 2001
CHARLES NJOKA..............................................................APPELLANT
VERSUS
WILFRED RUGENDO NYAMU....................................RESPONDENT
J U D G E M E N T
In this Civil Appeal the parties signed a consent which was adopted as an order of the court on 20. 12. 2012. The consent is in the following terms:
“By consent appeal herein is withdrawn and the lower Court Judgment and decree be set aside on the following terms:
1. THAT the appellant is to transfer one half of land parcel No. Magumoni/Thuita/533 to the three respondents and their two brothers NJAGI NYAMU and FRANCIS NYAMU.
2. THAT the respondents together with NJAGI NYAMU & FRANCIS NYAMU to meet Sub-division costs.
3. THAT each party to bear own costs for this appeal and lower court costs.
On 16th October, 2014 it was reported that the consent had been implemented. The parties asked the court to mark the appeal as settled.
In the circumstances this appeal is marked settled and, therefore, determined with finality. It may not be brought back to court.
It is so ordered
Delivered in Open Court at Meru this 16th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Muthomi for the Respondents
James Gitonga (son) for the appellant
P. M. NJOROGE
JUDGE