[2008] KEHC 1819 (KLR)
The court found that the defendant had failed to comply with the terms of the consent order entered on 6 March 2008, specifically by failing to pay the agreed sum of Ksh.1.2 million to the plaintiff and by not executing the formal lease agreement. The court noted that the cheques issued by the defendant were...
Source-derived case information.
- Citation
- [2008] KEHC 1819 (KLR)
- Parties
- Plaintiff: Jack and Jill Ltd; Defendant: Tesco Corporation Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2232 of 2007
- Procedural Posture
- Civil Case / Ruling on Consent and Compliance Directions
- Outcome
- Consent order to be executed forthwith; directions issued for compliance.
- Legal Topics
- Consent Judgment, Lease Agreements, Payment of Debts, Enforcement of Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jack and Jill Ltd
Plaintiff
Tesco Corporation Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Consent and Compliance Directions
Legal Issues
- 1 Whether the defendant has complied with the consent order to pay the agreed sum to the plaintiff.
- 2 Whether the defendant has executed the formal lease agreement as required by the consent order.
- 3 What directions should be given following the defendant's default in payment and execution of the lease.
Ratio Decidendi
The court found that the defendant had failed to comply with the terms of the consent order entered on 6 March 2008, specifically by failing to pay the agreed sum of Ksh.1.2 million to the plaintiff and by not executing the formal lease agreement. The court noted that the cheques issued by the defendant were dishonoured and that the defendant's counsel admitted non-compliance. In light of these facts, the court directed that the consent order be executed forthwith according to law, thereby reinforcing the binding nature of consent orders and the court's authority to ensure compliance. The court's decision underscores that parties to a consent order must adhere strictly to its terms, and...
Court Disposition
Consent order to be executed forthwith; directions issued for compliance.
Orders
- The defendant shall pay the plaintiff Ksh.1,200,000 on or before 17 March 2008.
- The defendant shall sign a formal lease with the plaintiff on or before 17 March 2008, failing which the defendant shall give the plaintiff vacant possession of the premises.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2232 of 2007
JACK AND JILL LTD …………………………………. PLAITNFIF
VERSUS
TESCO CORPORATION LTD …….....……………… DEFENDANT
RULING
COURT AS BEFORE
1. “By consent, the defendant to pay the plaintiffs Ksh.12. m on or before 17 March 2008.
2. That the defendant to sign a formal lease with the plaintiff on or before the 17 March 2008. In default of signing the lease the defendant will give the plaintiff vacant possession of the premises.
3. That the defendant is to pay the plaintiff costs to be agreed upon and if not agreed to be taxed by the court.
4. That this matter be mentioned on the 16 April 2008 Wednesday 9. 00 a.m. to confirm compliance.”
5. Costs in cause for 6. 3.08 mention.
Signed O.Omogeni for Omongoi & Co. Advocates for plaintiff
C/o Okongo Omogeni & Co. Advocates
Signed Migiro Maria for the defendant
C/o Odera Obar & Co. Advocates for the defendant.
6. 3.08
Application granted and orders accordingly.
M.A. Ang’awa
Judge
6. 3.08
Position of file
1. Parties have compromise suit.
2. 1. 2 m to be paid by defendant
Lease to be signed by defendant all by Monday 17. 3.05.
3. Formal proof Wednesday 16. 4.08 at 9. 00 a.m. to confirm compliance.
M.A. Ang’awa
Judge
16. 4.08
Coram: Hon. Lady Justice M.A. Ang’awa, J.
Court clerk: Mulinge
Okongo Omogeni & Co. Advocates for the plaintiff/applicant – present
Odera Obar & Co. Advocates for the defendant/respondent – present
O. Omogeni for plaintiff/applicant
M. Migiro for the defendant/respondent
O. Omogeni – The defendant have given two cheques which have been returned
Cheque No.004390 – 15. 3.08 Ksh.1. 2 million (banked 17. 3.08 – returned refer to drawer.
Cheque No.004391 – 31. 3.08 Ksh.0. 600 – banked 1. 4.08 returned refer to drawer.
M. Migiro – That is so. I also confirm the lease agreement has not been signed.
Court Directions
1. The consent entered on 6 March 2008 be executed forthwith
according to law.
M.A. ANG’AWA
JUDGE