[2015] KEHC 3277 (KLR)
The court adopted the consent of all parties, as confirmed by their advocates, allowing the Interested Party to withdraw from the proceedings with costs to the Plaintiff. The consent was properly executed and presented to the court, and there was no objection from any party. The court, therefore, found it...
Source-derived case information.
- Citation
- [2015] KEHC 3277 (KLR)
- Parties
- Plaintiff: Florence Nkuene; Defendant: Peter Kariuki Mugo; Defendant: Patrick Wahome Kingori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 59 of 2013
- Procedural Posture
- Environment and Land Case / Consent Order Withdrawal of Interested Party
- Outcome
- Consent adopted as order; Interested Party withdrawn; costs to Plaintiff.
- Legal Topics
- Withdrawal of Party, Consent Orders, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Nkuene
Plaintiff
Peter Kariuki Mugo
Defendant
Patrick Wahome Kingori
Defendant
Procedural Posture
Environment and Land Case / Consent Order Withdrawal of Interested Party
Legal Issues
- 1 Whether the Interested Party should be allowed to withdraw from the proceedings by consent of all parties.
- 2 Whether costs should be awarded to the Plaintiff upon withdrawal of the Interested Party.
Ratio Decidendi
The court adopted the consent of all parties, as confirmed by their advocates, allowing the Interested Party to withdraw from the proceedings with costs to the Plaintiff. The consent was properly executed and presented to the court, and there was no objection from any party. The court, therefore, found it appropriate to make the consent an order of the court, thereby removing the Interested Party from the suit and awarding costs to the Plaintiff as agreed.
Court Disposition
Consent adopted as order; Interested Party withdrawn; costs to Plaintiff.
Orders
- The Interested Party is removed and/or withdrawn from the proceedings herein with costs to the Plaintiff.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 59 OF 2013 (O.S)
FLORENCE NKUENE …............................................PLAINTIFF
VERSUS
PETER KARIUKI MUGO.................................1ST DEFENDANT
PATRICK WAHOME KINGORI.......................2ND DEFENDANT
R U L I N G
On 28th July, 2015 Mr. D.J Mbaya, the Advocate representing the Interested Party told the Court that the parties had a Consent to the effect that the Interested Party be allowed to withdraw from the suit. Mrs. Kiome for the 1st Defendant and Mr. Muthomi for the Plaintiff confirmed that position.
The Consent is in the following terms:-
“By Consent of all Advocates on record the interested party be and is hereby removed and or withdrawn from the proceedings herein with costs to the Plaintiff”.
The Consent is dated 28/07/2015 and is signed by the 3 Advocates representing the respective parties. The Consent is adopted as an Order of this Court.
It is so ordered.
Delivered in Open Court at Meru this 28th day of July, 2015 in the presence of:-
CC: Lilian
Miss Kiome for 1st Defendant
Muthomi for the Plaintiff
D.J Mbaya for the Interested Party.
P.M.NJOROGE
JUDGE