[2018] KEHC 848 (KLR)

[2018] KEHC 848 (KLR)

The court found that the mediation agreement signed by both parties and certified by the mediator constituted a binding settlement. In accordance with the Civil Procedure Act and Rules, the court adopted the agreement as its judgment, granting the applicant vacant possession and ordering the respondents to pay...

Source-derived case information.

Citation
[2018] KEHC 848 (KLR)
Parties
Applicant: Imitiaz Yussuf Jamal; Respondent: Mohamed Ahmed Malik; Respondent: Muzna Abdulkader Ahmed
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 183 of 2018
Procedural Posture
Miscellaneous Application / Judgment
Outcome
judgment entered for applicant; mediation agreement adopted as judgment of court
Judges
CA Otieno
Legal Topics
Mediation Agreement Enforcement, Vacant Possession, Instalment Payment Orders
Source Language
en
Civil Procedure Land and Property Mediation Agreement Enforcement Vacant Possession Instalment Payment Orders

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Parties

Imitiaz Yussuf Jamal

Applicant

Mohamed Ahmed Malik

Respondent

Muzna Abdulkader Ahmed

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the mediation agreement signed by the parties should be adopted as a judgment of the court.
  2. 2 Whether the applicant is entitled to vacant possession and payment as per the mediation agreement.
  3. 3 What are the consequences of default in payment of instalments.

Ratio Decidendi

The court found that the mediation agreement signed by both parties and certified by the mediator constituted a binding settlement. In accordance with the Civil Procedure Act and Rules, the court adopted the agreement as its judgment, granting the applicant vacant possession and ordering the respondents to pay Kshs.575,000 in the specified instalments. The court further ordered that execution would issue in the event of default in payment of any instalment, and that each party would bear its own costs. The decision was based on the enforceability of mediation agreements and the parties' express consent to the terms.

Court Disposition

judgment entered for applicant; mediation agreement adopted as judgment of court

Orders

  • The mediation agreement signed on 11/11/2018 and certified on 5/12/2018 is adopted as an order and judgment of the court.
  • Judgment is entered for the applicant against the respondents for vacant possession and Kshs.575,000 as specified.