[2016] KEHC 8071 (KLR)
The court found that the application to set aside the interlocutory judgment was meritorious, particularly as the plaintiffs did not oppose it and both parties expressed a desire to settle the matter by consent. The court exercised its discretion to set aside the interlocutory judgment to facilitate an amicable...
Source-derived case information.
- Citation
- [2016] KEHC 8071 (KLR)
- Parties
- Plaintiff: Mary Mwari Andrew; Plaintiff: Margaret Kanuu Mwaja; Plaintiff: Harriet Mugure Samuel; Defendant: Angelina Keeja Kinyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 216 of 2013
- Procedural Posture
- Land Case / Ruling on Application to Set Aside Interlocutory Judgment
- Outcome
- Application allowed; interlocutory judgment set aside.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Setting Aside Judgment, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mwari Andrew
Plaintiff
Margaret Kanuu Mwaja
Plaintiff
Harriet Mugure Samuel
Plaintiff
Angelina Keeja Kinyua
Defendant
Procedural Posture
Land Case / Ruling on Application to Set Aside Interlocutory Judgment
Legal Issues
- 1 Whether the interlocutory judgment entered on 5th August, 2015 should be set aside to allow parties to settle the matter by consent.
- 2 Whether the application to set aside the interlocutory judgment has merit.
Ratio Decidendi
The court found that the application to set aside the interlocutory judgment was meritorious, particularly as the plaintiffs did not oppose it and both parties expressed a desire to settle the matter by consent. The court exercised its discretion to set aside the interlocutory judgment to facilitate an amicable resolution, holding that no party would be prejudiced by allowing the application and that it was in the interests of justice to enable the parties to record a consent order.
Court Disposition
Application allowed; interlocutory judgment set aside.
Orders
- The interlocutory judgment dated 5th August, 2015 is hereby set aside.
- No costs are awarded.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
E& L CASE NO 216 OF 2013
MARY MWARI ANDREW....................................... 1ST PLAINTIFF
MARGARET KANUU MWAJA................................2ND PLAINTIFF
HARRIET MUGURE SAMUEL.................................3RD PLAINTIFF
VERSUS
ANGELINA KEEJA KINYUA.........................................DEFENDANT
R U L I N G
1. This application is dated 15th day of June, 2016 and seeks orders:-
(1) That this application be certified Urgent and be heard as a matter of priority.
(2) That this Honourable Court be pleased to set aside the Interlocutory Judgment entered herein.
(3) That costs for and incidental to this application be in cause.
2. This Application is supported by the Affidavit of ANGELINA KEEJA KINYUA, the Applicant and has the following grounds:-
i. That the Plaintiff/Respondents sued me vide a Plaint dated 5th August, 2013 over land parcel LR. NO. ABOTHUGUCHI/GAITU/109.
ii. That all along i have been negotiating with the plaintiffs to settle the matter out of court.
iii. That I am now praying that the Interlocutory Judgment entered in this suit be set aside so that we can enter into a Consent and settle this matter amicably.
iv. That unless the orders sought are granted, I will suffer great prejudice.
3. On 07/09/2016, Mr. Calpeters Mbaabu, holding brief for Mr. Gichunge, the Plaintiffs' Advocate told the Court that the Plaintiffs were not opposed to the application.
4. The Defendant Angelina Keeja Kinyua told the Court that she had realized that she had troubled the Plaintiffs for a long time. She expressed the wish to settle the issues pertaining to this suit amicably. In order to enable the parties to settle the matter by Consent, She prayed that the application be allowed . She told the Court that the parties had a consent signed by her and the Plaintiff's Advocate which the Parties wanted the Court to adopt as its order.
5. I find that the application has merit. It is allowed. The Interlocutory Judgment dated 5th August, 2015 is hereby set aside.
6. No costs are awarded.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CC: Lilian /Daniel
Rimita h/b Gichunge for Plaintiffs
Angelina Keeja- Defendant
P. M. NJOROGE
JUDGE