[2025] KEHC 9099 (KLR)

[2025] KEHC 9099 (KLR)

The court adopted the consent reached by the parties as an order of the court, finding that the terms were clear, lawful, and agreed upon by both parties through their respective counsel. The compromise resolved the appeal by requiring the appellant to pay the statutory maximum decretal amount and party and party...

Source-derived case information.

Citation
[2025] KEHC 9099 (KLR)
Parties
Appellant: Kenya Orient Insurance Limited; Respondent: Jane Wairu Mwangi; Respondent: Francis Mwangi Chege
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Appeal E069 of 2024
Procedural Posture
Civil Appeal / Ruling on Compromise/consent
Outcome
Appeal compromised by consent; consent adopted as order of the court.
Judges
DO Chepkwony
Legal Topics
Consent Judgment, Decretal Amounts, Party and Party Costs
Source Language
en
Civil Procedure Consent Judgment Decretal Amounts Party and Party Costs

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Parties

Kenya Orient Insurance Limited

Appellant

Jane Wairu Mwangi

Respondent

Francis Mwangi Chege

Respondent

Procedural Posture

Civil Appeal / Ruling on Compromise/consent

Legal Issues

  1. 1 Whether the consent reached by the parties should be adopted as an order of the court.
  2. 2 Whether the appellant is liable to pay the decretal amount and costs as agreed in the consent.

Ratio Decidendi

The court adopted the consent reached by the parties as an order of the court, finding that the terms were clear, lawful, and agreed upon by both parties through their respective counsel. The compromise resolved the appeal by requiring the appellant to pay the statutory maximum decretal amount and party and party costs in specified instalments, with liberty for the respondents to execute in case of default. The court emphasized that a consent judgment is binding on the parties unless set aside for valid legal reasons, and there was no evidence of fraud, collusion, or illegality in this case. Accordingly, the consent was adopted and the appeal marked as compromised on those terms.

Court Disposition

Appeal compromised by consent; consent adopted as order of the court.

Orders

  • The appellant shall pay the decretal amount of Kshs.3,000,000 being the statutory limit.
  • The appellant shall pay party and party costs amounting to Kshs.208,906 as per the decree in E132 of 2023.