[2025] KEHC 8554 (KLR)

[2025] KEHC 8554 (KLR)

The court found that the parties had freely and mutually agreed to the terms set out in the consent, including payment of the decretal sum in four equal monthly installments, payment of costs, and the consequence of execution in the event of default. The court adopted the consent as its order, thereby giving it the...

Source-derived case information.

Citation
[2025] KEHC 8554 (KLR)
Parties
Applicant: Zena Mwihaki Juma; Respondent: Jesami Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Application E010 of 2025
Procedural Posture
Miscellaneous Application / Consent Order
Outcome
consent adopted as order; file closed
Judges
JK Ng'arng'ar
Legal Topics
Debt Recovery, Consent Judgment, Payment by Installments
Source Language
english
Commercial and Corporate Debt Recovery Consent Judgment Payment by Installments

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Parties

Zena Mwihaki Juma

Applicant

Jesami Limited

Respondent

Procedural Posture

Miscellaneous Application / Consent Order

  1. 1 Whether the parties have reached a binding consent on the terms of payment of the decretal sum.
  2. 2 Whether the court should adopt the consent as an order of the court.

Ratio Decidendi

The court found that the parties had freely and mutually agreed to the terms set out in the consent, including payment of the decretal sum in four equal monthly installments, payment of costs, and the consequence of execution in the event of default. The court adopted the consent as its order, thereby giving it the force of law and closing the file. The consent resolved all outstanding issues in the application, and the court's role was limited to recording and enforcing the agreement reached by the parties.

Court Disposition

consent adopted as order; file closed

Orders

  • The chamber summons dated 14th February 2025 is allowed in terms of prayer 1, 2 and 3 by consent.
  • Costs of the chamber summons are awarded at Ksh. 60,000 to the applicant.