[2014] KEHC 2446 (KLR)
The court adopted the consent of the parties as its order, granting the defendants leave to file and serve their defence and counterclaim within seven days. The court found that since the application was not opposed and the parties had agreed to the terms, there was no reason to deny the orders sought. The court...
Source-derived case information.
- Citation
- [2014] KEHC 2446 (KLR)
- Parties
- Plaintiff: Grace Kamene M'Berece; Defendant: Joyce Rigiri c/o David Mbogori; Defendant: John Mbogori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 86 of 2012
- Procedural Posture
- Originating Summons / Ruling on Application for Leave to File Defence and Counterclaim
- Outcome
- Application allowed by consent; leave granted to file defence and counterclaim within seven days; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Leave to File Defence, Counterclaim Procedure, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Kamene M'Berece
Plaintiff
Joyce Rigiri c/o David Mbogori
Defendant
John Mbogori
Defendant
Procedural Posture
Originating Summons / Ruling on Application for Leave to File Defence and Counterclaim
Legal Issues
- 1 Whether the defendants should be granted leave to file their defence and counterclaim out of time.
- 2 Whether the draft statement of defence and counterclaim should be deemed as filed and served upon payment of filing fees.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court adopted the consent of the parties as its order, granting the defendants leave to file and serve their defence and counterclaim within seven days. The court found that since the application was not opposed and the parties had agreed to the terms, there was no reason to deny the orders sought. The court further ordered that costs of the application be in the cause, reflecting the consensual nature of the resolution. The ruling underscores the court's willingness to facilitate the just, expeditious, and affordable resolution of disputes by endorsing procedural agreements reached by parties, provided they are not contrary to law or public policy.
Court Disposition
Application allowed by consent; leave granted to file defence and counterclaim within seven days; costs in the cause.
Orders
- Defendants to file and serve defence and counterclaim within seven days from 19th June 2014.
- Costs of the application dated 27.5.2014 to be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 86 OF 2012 (OS)
GRACE KAMENE M'BERECE......................................................................PLAINTIFF
VERSUS
JOYCE RIGIRI C/O DAVID MBOGORI............................................1ST DEFENDANT
JOHN MBOGORI.............................................................................2ND DEFENDANT
R U L I N G
This application is dated 27. 5.2014 and seeks orders:
That this Honourable Court be pleased to grant the Defendants leave to file their defence and counter claim.
That the attached draft statement of defence and counterclaim be deemed as filed and served in the circumstances SAVE to pay the necessary Court filing fees.
Costs of this application be costs in the cause.
The Parties' advocates, on 19. 6.2014, agreed by consent that the application be allowed in the following terms:
(a) The defendants to file and serve defence and counter-claim within seven (7) days from today.
(b) Costs of the application dated 27. 5.2014 be in the cause.
The consent terms are adopted as orders of the Court.
Delivered in Open court at Meru this 19th day of June, 2014 in the presence of:
Lilian/Daniel
Gitonga for plaintiff
Riungu for Defendants
P. M. NJOROGE
JUDGE