[2022] KEELC 1452 (KLR)

[2022] KEELC 1452 (KLR)

The court found that the consent order between the parties was clear and binding, stipulating that the Defendants were only required to provide transfer documents upon full payment by the Plaintiff of the agreed sum. There was no provision in the consent requiring the Defendants to furnish documents prior to...

Source-derived case information.

Citation
[2022] KEELC 1452 (KLR)
Parties
Plaintiff: Divisional Intergrated Development Programmes Co. Ltd; Defendant: Nelson Mbuva Kithuka; Defendant: Charles Muloo Kithuka
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
15 February 2022
Case Number
Environment & Land Case 288A of 2011
Procedural Posture
Notice of Motion / Ruling on Application to Extend Time and Compel Provision of Transfer Documents
Outcome
application dismissed with costs
Legal Topics
Consent Orders, Extension of Time, Land Transfer Documents, Enforcement of Settlement, Default Clauses
Source Language
english
Civil Procedure Land and Property Consent Orders Extension of Time Land Transfer Documents Enforcement of Settlement Default Clauses

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Parties

Divisional Intergrated Development Programmes Co. Ltd

Plaintiff

Nelson Mbuva Kithuka

Defendant

Charles Muloo Kithuka

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Extend Time and Compel Provision of Transfer Documents

Legal Issues

  1. 1 Whether the court should extend the time for the Plaintiff to comply with the written consent dated 2nd June, 2020 for a further period of 120 days.
  2. 2 Whether the Defendants should be compelled to deliver transfer documents to the Plaintiff before payment is made as per the consent order.
  3. 3 Whether the court has jurisdiction to vary or set aside a consent order in the circumstances presented.

Ratio Decidendi

The court found that the consent order between the parties was clear and binding, stipulating that the Defendants were only required to provide transfer documents upon full payment by the Plaintiff of the agreed sum. There was no provision in the consent requiring the Defendants to furnish documents prior to payment, nor any indication that the Plaintiff was to sell plots to third parties before paying the Defendants. The Plaintiff failed to demonstrate any of the recognized grounds for varying or setting aside a consent order, such as fraud, collusion, or mistake. The court held that its discretion to enlarge time under the Civil Procedure Rules did not apply in the absence of such...

Court Disposition

application dismissed with costs

Orders

  • The Plaintiff's Notice of Motion application dated 12th February, 2021 is dismissed with costs.