[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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zena Mwihaki Juma
Applicant
Jesami Limited
Respondent
Procedural Posture
Miscellaneous Application / Consent Order
Legal Issues
- 1 Whether the parties have reached a binding consent on the terms of payment of the decretal sum.
- 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.
Full Case Text
Judgment text and source record
21 paragraphs
Juma v Jesami Limited (Miscellaneous Application E010 of 2025) [2025] KEHC 8554 (KLR) (Commercial and Tax) (19 June 2025) (Consent)
Neutral citation: [2025] KEHC 8554 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Miscellaneous Application E010 of 2025
JK Ng'arng'ar, J
June 19, 2025
Between
Zena Mwihaki Juma
Applicant
and
Jesami Limited
Respondent
Consent
Date 19/6/2025Before Hon J.K Ng'arng'ar...JudgeWabwire- Court assistantLitoro for Claimants/ApplicantsThuku for Respondent 1. “By consent the chamber summons dated 14th February 2025 be allowed in terms of prayer 1, 2 and 3.
2. Costs of the chamber summons be allowed at Ksh. 60,000/=
3. The decretal amount in 1 and 2 above will be paid by the respondent in 4 equal monthly installments on or before 31st July, 2025 and on or before end of successive months until payment in full.
4. In default, execution to issue against the respondent”.
Ruling.This consent is adopted as order of this court. This file is marked as closed.
DATED THIS 19THDAY OF JUNE, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT