[2024] KEHC 15152 (KLR)
The court adopted the consent order as binding on the parties, finding that the terms of settlement—payment of KES 10,000,000 by the plaintiffs to the defendant within 48 hours, and the defendant's obligation to release original conveyance documents and related instruments within 24 hours of receipt—fully resolved...
Source-derived case information.
- Citation
- [2024] KEHC 15152 (KLR)
- Parties
- Plaintiff: Kigutha Farmers (K) Limited; Defendant: Nancy Kabaki Mburia t/a Kabaki & Company Advocates
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E019 of 2024
- Procedural Posture
- Commercial Case / Ruling on Consent and Settlement
- Outcome
- Matter settled by consent; consent order adopted as order of the court.
- Judges
- DO Chepkwony
- Legal Topics
- Settlement of Commercial Dispute, Release of Title Documents, Payment of Outstanding Sums, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kigutha Farmers (K) Limited
Plaintiff
Nancy Kabaki Mburia t/a Kabaki & Company Advocates
Defendant
Procedural Posture
Commercial Case / Ruling on Consent and Settlement
Legal Issues
- 1 Whether the parties have complied with the court's previous directions regarding settlement.
- 2 Whether the consent order between the parties should be adopted as an order of the court.
- 3 Whether the payment and release of documents as agreed settles the matter.
Ratio Decidendi
The court adopted the consent order as binding on the parties, finding that the terms of settlement—payment of KES 10,000,000 by the plaintiffs to the defendant within 48 hours, and the defendant's obligation to release original conveyance documents and related instruments within 24 hours of receipt—fully resolved the dispute. The court held that upon compliance with these terms, the matter would be marked as settled, and in default, the aggrieved party would be at liberty to seek enforcement. Each party was ordered to bear its own costs. The court's decision was grounded in the principle that consent orders, once adopted, are enforceable as judgments and reflect the parties' autonomy in...
Court Disposition
Matter settled by consent; consent order adopted as order of the court.
Orders
- Plaintiffs to pay KES 10,000,000 to the defendant within 48 hours of the consent order.
- Upon receipt of payment, defendant to release original conveyance documents and related instruments to plaintiffs' advocates within 24 hours.
Full Case Text
Judgment text and source record
17 paragraphs
Kigutha Farmers (K) Limited v Mburia t/a Kabaki & Company Advocates (Commercial Case E019 of 2024) [2024] KEHC 15152 (KLR) (2 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15152 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case E019 of 2024
DO Chepkwony, J
December 2, 2024
Between
Kigutha Farmers (K) Limited
Plaintiff
and
Nancy Kabaki Mburia t/a Kabaki & Company Advocates
Defendant
Ruling
1. This matter is for mention for parties to confirm compliance of directions issued on 15th November, 2024.
2. However, upon listening to both counsel for the parties herein, Consent dated 29th November, 2024 as between the counsel for the parties herein be and is hereby adopted as an order of this Court in the following terms:-By Consent, the Notice of Motion and Originating Summons both dated 1st October, 2024 be and are hereby marked as settled on the following terms:-1. That the 1st and 2nd Plaintiffs do pay to the Defendants forthwith and in any event, within forty-eight (48) hours of recording this Consent Order, the sum of Kenya Shillings, Ten Million only (Kshs.10,000,000. 00) in cleared funds to the following Defendants Bank Account:-2. Upon the transfer and receipt of the funds in Clause 1 above by the Defendants, the defendant shall within twenty-four (24 hrs) release to the 1st and 2nd Plaintiffs’ advocates the following documents;a.The original conveyance over Land Reference No.3737. b.The original conveyance over Land Reference No.5839/1. c.The original transfer and counterpart for the Land Reference No.59839/1 in favour of the 2nd Plaintiff.d.All stamp duty receipts and exemptions (if any) for the transactions of the 1st and 2nd Plaintiffs.3. Upon compliance with Clauses 1 and 2 above, the matter shall be marked as settled.4. In default of compliance by any arty with the aforementioned orders, the affected parties be at liberty to apply for any orders, to execute and or enforce the court orders as the case may be.5. Each party shall bear their own costs of the suit and application.It is so ordered.
THIS CONSENT ORDER IS ADOPTED, DATED AND SIGNED AT KIAMBU THIS 2ND DAY OF DECEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kithinji holding brief for Mr. Allen Gichohi counsel for the PlaintiffsMr. Kimani holding brief for Mr. Elijah Mwangi counsel for Defendant/RespondentCourt Assistant - Martin