[2016] KEHC 6764 (KLR)

[2016] KEHC 6764 (KLR)

The court found that the parties, through their duly instructed advocates, had entered into a valid consent to transfer the suit to Nkubu Law Courts. The consent was properly executed and presented to the court. Although the 3rd and 4th defendants had not entered appearance or filed a defence, the consent of the...

Source-derived case information.

Citation
[2016] KEHC 6764 (KLR)
Parties
Plaintiff: Marko Ngaine; Defendant: Director of Lands & Settlement Schemes; Defendant: Attorney General; Defendant: Juliano Mukungu; Defendant: M'Thaka Riungu; Defendant: Chairman Board of Governors St. Mary's Girl Igoji; Defendant: Batholomew Riungu; Defendant: Silvestor Muchunku
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Civil Suit 406 of 1994
Procedural Posture
Civil Suit / Ruling on Transfer of Suit by Consent
Outcome
Suit transferred to Nkubu Law Courts for hearing and determination by consent of parties.
Judges
FM Njoroge
Legal Topics
Transfer of Suit, Consent Orders, Jurisdiction, Case Management
Source Language
en
Civil Procedure Transfer of Suit Consent Orders Jurisdiction Case Management

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Marko Ngaine

Plaintiff

Director of Lands & Settlement Schemes

Defendant

Attorney General

Defendant

Juliano Mukungu

Defendant

M'Thaka Riungu

Defendant

Chairman Board of Governors St. Mary's Girl Igoji

Defendant

Batholomew Riungu

Defendant

Silvestor Muchunku

Defendant

Procedural Posture

Civil Suit / Ruling on Transfer of Suit by Consent

Legal Issues

  1. 1 Whether the suit should be transferred to Nkubu Law Courts for hearing and determination as per the parties' consent.
  2. 2 Whether the consent of parties is sufficient to warrant transfer under Section 18 of the Civil Procedure Act.

Ratio Decidendi

The court found that the parties, through their duly instructed advocates, had entered into a valid consent to transfer the suit to Nkubu Law Courts. The consent was properly executed and presented to the court. Although the 3rd and 4th defendants had not entered appearance or filed a defence, the consent of the appearing parties was sufficient to warrant the transfer. The court, in accordance with Section 18 of the Civil Procedure Act, ordered the transfer of the suit as requested by the parties, emphasizing the binding nature of consent orders and the need to respect parties' agreements in procedural matters.

Court Disposition

Suit transferred to Nkubu Law Courts for hearing and determination by consent of parties.

Orders

  • The suit is transferred to Nkubu Law Courts for hearing and determination in terms of Section 18, Civil Procedure Act.