[2020] KEHC 3158 (KLR)
The court adopted the consent signed by both parties' counsel as the order of the court, recognizing that parties are bound by their agreement unless there is evidence of fraud, collusion, or lack of authority. The consent outlined the payment of Kshs.800,000 by the appellant to the respondent, less amounts already...
Source-derived case information.
- Citation
- [2020] KEHC 3158 (KLR)
- Parties
- Appellant: Francis Kamau; Respondent: Leonard Kuru
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 45 of 2018
- Procedural Posture
- Civil Appeal / Consent Order on Appeal
- Outcome
- Consent adopted as order of the court; matter to be marked as settled upon full payment.
- Judges
- SN Riechi
- Legal Topics
- Consent Judgment, Settlement Agreement, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kamau
Appellant
Leonard Kuru
Respondent
Procedural Posture
Civil Appeal / Consent Order on Appeal
Legal Issues
- 1 Whether the consent agreement between the parties should be adopted as an order of the court.
- 2 Whether the payment terms outlined in the consent are enforceable by execution in case of default.
Ratio Decidendi
The court adopted the consent signed by both parties' counsel as the order of the court, recognizing that parties are bound by their agreement unless there is evidence of fraud, collusion, or lack of authority. The consent outlined the payment of Kshs.800,000 by the appellant to the respondent, less amounts already paid, with a specific payment schedule and provision for execution in case of default. The court found the consent to be clear, voluntary, and enforceable, and thus marked the matter as settled upon full payment.
Court Disposition
Consent adopted as order of the court; matter to be marked as settled upon full payment.
Orders
- The appellant shall pay the respondent Kshs.800,000 exclusive of Kshs.197,254 already paid.
- Kshs.500,000 has been transferred to the respondent's advocates' account as part payment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CIVIL APPEAL NO. 45 OF 2018.
FRANCIS KAMAU.........................................................................APPELLANT
VERSUS.
LEONARD KURU........................................................................RESPONDENT
[An Appeal from the Ruling in Original Bungoma CMCC No. 542 delivered on 1. 8.2018 by G.P. Omondi (SRM)].
BY CONSENT
1. The sum of Kenyan Shillings Eight Hundred Thousand Only (Kshs.800,000/-) be paid by the Appellant to the Defendant exclusive of Kenya Shillings One Hundred and Ninety Seven thousand Two Hundred and Fifty Four only (Kshs.197,254/-) initially paid to the Appellant vide Cheque No. 037794 drawn on Equity Bank dated 24th July 2018.
The Payments will be effected as hereunder;
a) The sum of Kenyan Shillings Five Hundred Thousand Only (Ksh.500,000/-) has been transferred into the Account of the Respondent’s advocates namely Ocharo Kebira & Co. Advocates, Co-operative Bank, Busia Branch, Account No. 011 362 352 32600 by the Appellant from his Equity Account No.10802987 51203 under Transaction Ref. No. C.726100720145648 dated 10th day of July, 2020.
b) The Appellant to pay the sum of Kenyan Shillings Sixty Thousand Only (Kshs.60,000/-) every 30th day of the month starting from the month of August 20202 till the payments are made in full.
c) In default of Clause B above, the Respondent be at liberty to execute for the balance due.
d) Upon the payment of the entire amount, the matter be marked as settled.
The consent dated 10th July and signed by both counsel is adopted as the Order of this court.
Dated, signed and delivered at Bungoma this 21st day of July, 2020.
........................
S N RIECHI
JUDGE