[2025] KEHC 3813 (KLR)
The court found that the parties had freely entered into a consent dated 12th March 2025, which resolved the dispute in its entirety. The consent provided for summary judgment in favour of the plaintiff for Kshs. 72,270,000, with clear terms for payment and enforcement in default, including garnishee orders and...
Source-derived case information.
- Citation
- [2025] KEHC 3813 (KLR)
- Parties
- Plaintiff: Marina Homes Limited; Defendant: Lucy Wangui Muturi; Defendant: Chabrin Agencies Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E001 of 2025
- Procedural Posture
- Civil Case / Ruling on Adoption of Consent and Summary Judgment
- Outcome
- Suit marked as settled by consent; summary judgment entered for plaintiff; enforcement mechanisms in default provided.
- Judges
- DO Chepkwony
- Legal Topics
- Summary Judgment, Consent Orders, Debt Recovery, Garnishee Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marina Homes Limited
Plaintiff
Lucy Wangui Muturi
Defendant
Chabrin Agencies Limited
Defendant
Procedural Posture
Civil Case / Ruling on Adoption of Consent and Summary Judgment
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as an order of the court.
- 2 Whether summary judgment should be entered in favour of the plaintiff for the claimed sum.
- 3 Whether garnishee orders should issue against the defendants' bank accounts in default of payment.
Ratio Decidendi
The court found that the parties had freely entered into a consent dated 12th March 2025, which resolved the dispute in its entirety. The consent provided for summary judgment in favour of the plaintiff for Kshs. 72,270,000, with clear terms for payment and enforcement in default, including garnishee orders and attachment of property. There was no evidence of fraud, collusion, or any other vitiating factor. The court, therefore, adopted the consent as an order of the court, marking the suit as settled in accordance with the agreed terms.
Court Disposition
Suit marked as settled by consent; summary judgment entered for plaintiff; enforcement mechanisms in default provided.
Orders
- Summary judgment entered in favour of the plaintiff for Kshs. 72,270,000 against the defendants jointly and severally.
- Defendants to pay the decretal sum to the plaintiff or their advocates on or before 14th March, 2025.
Full Case Text
Judgment text and source record
19 paragraphs
Marina Homes Limited v Muturi & another (Civil Case E001 of 2025) [2025] KEHC 3813 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3813 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E001 of 2025
DO Chepkwony, J
March 26, 2025
Between
Marina Homes Limited
Plaintiff
and
Lucy Wangui Muturi
1st Defendant
Chabrin Agencies Limited
2nd Defendant
Ruling
1. The matter is for mention for parties to confirm compliance of directions issued on 29th January, 2025 on the Notice of Motion application dated 27th January 2025.
2. Upon listening to both counsel for the parties herein, the Consent dated 12th March, 2025 be and is hereby adopted as an order of this Court in the following terms:-“By Consent of The Parties;1. That Summary Judgment pursuant to Order 36 Rules I and 5 of the Civil. Procedure Rules 2010 be and is hereby entered in favour of the Plaintiff for an all-inclusive sum of Kenya Shillings Seventy-Two Million, Two Hundred and Seventy Thousand Only (Kshs.72,270,000. 00) against the Defendants herein jointly and severally.2. That the Defendants herein jointly and severally undertake to pay the decretal sum of Kenya Shillings Seventy-Two Million, Two Hundred and Seventy Thousand Only (Kshs.72,270,000. 00) to the Plaintiff and/or their Advocates on/or before close of business of 14th March, 2025 failure to which the Plaintiff be at liberty to execute the Judgment herein accordingly.3. That in default to Clause 2 herein above by the Defendants jointly and severally, the Court do hereby invoke Order 23 Rule 4 and declare Co-Operative Bank of Kenya and Diamond Trust Bank (DTB;) Kenya Limited as Garnishees and consequently to proceed to release all sums equivalent to the decretal sum of Kenya Shillings Seventy-Two Million, Two Hundred and Seventy Thousand Only (Kshs.72,270,000. 00) from the Defendants' Bank Co-Operative Bank of Kenya Account Number 01148039906100 and Diamond Trust Bank (DTB) Kenya Limited Account Number 0553886001, and any other account in the names of the Defendants.4. That in default of Prayers 2 and 3 above respectively, the Court do hereby direct/order that the Plaintiff by themselves, and/or their agents/Auctioneers be and are at liberty to attach any other accounts or property belonging to the Defendants herein jointly and severally to settle the decretal sum in. clause 1 herein above to satisfy Judgment herein.5. That the suit herein be marked as settled.It is so ordered.
CONSENT ADOPTED AT KIAMBU THIS 26TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Aywa counsel for PlaintiffM/S Njeri counsel for RespondentsCourt Assistant - Martin