[2018] KEELC 2897 (KLR)
The court found that the parties had negotiated and agreed on a settlement sum of Kshs.8,000,000, which had already been deposited with the 1st defendant. No consent marking the suit as settled had been filed by the agreed date, but the plaintiff requested the court to mark the suit as withdrawn and settled. The...
Source-derived case information.
- Citation
- [2018] KEELC 2897 (KLR)
- Parties
- Plaintiff: Miriti Mbui Muthara; Defendant: Sidian Bank Limited; Defendant: Lewton Ventures; Defendant: Regent Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 127 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Withdrawal and Settlement
- Outcome
- suit marked as withdrawn and settled with no order as to costs
- Judges
- FM Njoroge
- Legal Topics
- Withdrawal of Suit, Settlement, Deposit of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriti Mbui Muthara
Plaintiff
Sidian Bank Limited
Defendant
Lewton Ventures
Defendant
Regent Auctioneers
Defendant
Procedural Posture
Land and Property Suit / Ruling on Withdrawal and Settlement
Legal Issues
- 1 Whether the suit should be marked as withdrawn and settled following the deposit of the agreed sum.
- 2 Whether any further judicial intervention is necessary after parties have reached a settlement.
Ratio Decidendi
The court found that the parties had negotiated and agreed on a settlement sum of Kshs.8,000,000, which had already been deposited with the 1st defendant. No consent marking the suit as settled had been filed by the agreed date, but the plaintiff requested the court to mark the suit as withdrawn and settled. The court determined that its continued involvement was unnecessary, as the dispute had been resolved and judicial time should not be expended further. Accordingly, the suit was marked as withdrawn and settled with no order as to costs.
Court Disposition
suit marked as withdrawn and settled with no order as to costs
Orders
- The suit is marked as withdrawn and settled.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURTAT CHUKA
CHUKA ELCCASE NO 127 OF 2017
FORMERLY MERU ELCCASE NO.62 OF 2016
MIRITI MBUI MUTHARA...........................................PLAINTIFF
VERSUS
SIDIAN BANK LIMITED...................................1ST DEFENDANT
LEWTON VENTURES......................................2ND DEFENDANT
REGENT AUCTIONEERS................................3RD DEFENDANT
RULING
1. The parties in this matter indicated on 30th May, 2018 that Kshs.8,000,000/= had been deposited with Sidian BANK, Chuka Branch. Sidian Bank is the 1st defendant.
2. Mr. Mungai Wainaina, the counsel holding brief for Mr. Rurige, who represents the 1st and 3rd defendants told the court that the parties expected to file the consent marking this suit as withdrawn and settled during the next date for mention for directions. By 21st June, 2018, no consent had been filed. Mr. Mark Muriithi, for the plaintiff asked the court to mark the suit as having been withdrawn and settled.
3. It is noted that the agreed and negotiated sum of Kshs.8,000,000/= has been deposited with the 1st defendant. This court is not willing to any longer being used as a negotiating point. There is need to save precious judicial time.
4. In the circumstances, this suit is marked as withdrawn and settled with no order as to costs.
5. It is so ordered.
Delivered in open court at Chuka this 21st day of June, 2018
in the presence of:
CA: Ndegwa
Mark Muriithi for the plaintiff
Rurige for the 3rd defendant absent
P.M. NJOROGE
JUDGE