[2024] KEHC 9221 (KLR)

[2024] KEHC 9221 (KLR)

The court found that the consent dated 30th July 2024, filed by the applicant and the 1st respondent, was properly before the court and reflected the agreement of the parties to lift the interlocutory preservation orders previously issued. There being no objection from the 2nd respondent and no indication of...

Source-derived case information.

Citation
[2024] KEHC 9221 (KLR)
Parties
Applicant: Ethics & Anti-Corruption Commissioin; Respondent: M/S. Papaton Security Services Ltd; Respondent: Equity Bank Kenya
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous E266 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Consent and Lifting of Preservation Orders
Outcome
Consent adopted; preservation orders lifted; file closed.
Judges
MS Shariff
Legal Topics
Interlocutory Orders, Consent Orders, Preservation Orders
Source Language
en
Civil Procedure Interlocutory Orders Consent Orders Preservation Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ethics & Anti-Corruption Commissioin

Applicant

M/S. Papaton Security Services Ltd

Respondent

Equity Bank Kenya

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Consent and Lifting of Preservation Orders

Legal Issues

  1. 1 Whether the consent filed by the applicant and 1st respondent should be adopted as an order of the court.
  2. 2 Whether the conservatory interlocutory preservation orders against the respondents should be lifted.

Ratio Decidendi

The court found that the consent dated 30th July 2024, filed by the applicant and the 1st respondent, was properly before the court and reflected the agreement of the parties to lift the interlocutory preservation orders previously issued. There being no objection from the 2nd respondent and no indication of impropriety, the court adopted the consent as its order, vacated the preservation orders, directed each party to bear its own costs, and marked the file as closed. The court's decision was grounded in the principle that parties are at liberty to compromise proceedings by consent, which the court will ordinarily endorse unless contrary to law or public policy.

Court Disposition

Consent adopted; preservation orders lifted; file closed.

Orders

  • The conservatory interlocutory preservation orders made on 27th June 2024 against the 1st and 2nd Respondents are hereby lifted and/or vacated forthwith.
  • Each party shall bear its own costs.