[2017] KEHC 6915 (KLR)

[2017] KEHC 6915 (KLR)

The court allowed the application dated 13.12.16 based on the agreement of both parties, with costs to be in the cause. The decision was made in accordance with the principle that where parties consent to an order, the court will generally adopt their agreement unless it is contrary to law or public policy.

Source-derived case information.

Citation
[2017] KEHC 6915 (KLR)
Parties
Plaintiff: David Kithinji M'Rimberia; Defendant: Joyce M'Rimberia (Sued as the Legal Representative and Administrator of the Estate of the late Stephen M'Rimberia M'Mutungi)
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 274 of 2016
Procedural Posture
Elc Case / Ruling on Application Dated 13.12.16
Outcome
Application dated 13.12.16 allowed by consent; costs in the cause.
Judges
LN Mbugua
Legal Topics
Estate Administration, Application for Orders, Costs in the Cause
Source Language
en
Land and Property Estate Administration Application for Orders Costs in the Cause

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Kithinji M'Rimberia

Plaintiff

Joyce M'Rimberia (Sued as the Legal Representative and Administrator of the Estate of the late Stephen M'Rimberia M'Mutungi)

Defendant

Procedural Posture

Elc Case / Ruling on Application Dated 13.12.16

Legal Issues

  1. 1 Whether the application dated 13.12.16 should be allowed as agreed by the parties.

Ratio Decidendi

The court allowed the application dated 13.12.16 based on the agreement of both parties, with costs to be in the cause. The decision was made in accordance with the principle that where parties consent to an order, the court will generally adopt their agreement unless it is contrary to law or public policy.

Court Disposition

Application dated 13.12.16 allowed by consent; costs in the cause.

Orders

  • The application dated 13.12.16 is allowed as agreed by the parties.
  • Costs shall be in the cause.