[2004] KEHC 2074 (KLR)
The court found that the agreement dated 16th August 2003, together with the supporting documents, constituted a full and final compromise of the plaintiff's claim. Since the defendant did not oppose the application, and the requirements of Order 24 Rule 6 were satisfied, the court entered judgment for the plaintiff...
Source-derived case information.
- Citation
- [2004] KEHC 2074 (KLR)
- Parties
- Plaintiff: Coast Tobacco Distributors Ltd.; Defendant: Fred Achilla
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 79 of 2003
- Procedural Posture
- Civil Case / Ruling on Application for Judgment on Compromise
- Outcome
- Judgment entered for the plaintiff as prayed in the plaint. Costs of the application awarded to the plaintiff.
- Legal Topics
- Compromise of Suit, Judgment on Agreement, Order 24 Rule 6, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Coast Tobacco Distributors Ltd.
Plaintiff
Fred Achilla
Defendant
Procedural Posture
Civil Case / Ruling on Application for Judgment on Compromise
Legal Issues
- 1 Whether the agreement dated 16th August 2003 constituted a valid compromise of the claim.
- 2 Whether judgment should be entered for the plaintiff as prayed in the plaint based on the compromise.
Ratio Decidendi
The court found that the agreement dated 16th August 2003, together with the supporting documents, constituted a full and final compromise of the plaintiff's claim. Since the defendant did not oppose the application, and the requirements of Order 24 Rule 6 were satisfied, the court entered judgment for the plaintiff as prayed in the plaint and awarded costs of the application to the plaintiff.
Court Disposition
Judgment entered for the plaintiff as prayed in the plaint. Costs of the application awarded to the plaintiff.
Orders
- Judgment is entered for the plaintiff as prayed in the plaint.
- The defendant shall pay the costs of the application to the plaintiff.
Full Case Text
Judgment text and source record
3 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 79 OF 2003 COAST TOBACCO DISTRIBUTORS LTD. …………… PLAINTIFF Versus FRED ACHILLA ………………………………………… DEFENDANT R U L I N G
This is an application brought under Order 24 Rule 6 for judgment on compromise. The application was duly served upon the defendant who chose not to oppose it. The application is based on several documents but mainly on an agreement dated the 16th August 2003. I have perused the agreement as well as the other documents annexed to the supporting affidavit. I am satisfied that the claim is wholly compromised and I accordingly enter judgment for the plaintiff as prayed in the plaint. I also award the costs of the application to the plaintiff.
DATED this 10th day of February, 2004. D.K. Maraga Ag. JUDGE