[2021] KEELC 2806 (KLR)
The court found that the consent filed by the parties was properly executed by their respective advocates and reflected a clear agreement on the settlement of taxed costs. There was no evidence of fraud, collusion, or any vitiating factor. Accordingly, the court adopted the consent as an order, making it binding on...
Source-derived case information.
- Citation
- [2021] KEELC 2806 (KLR)
- Parties
- Plaintiff: M’Nyeri M’Rimunya; Defendant: Beth Kaari; Defendant: Prudence Mukiri; Defendant: Phares Gitari Nkoroi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 221 of 2017
- Procedural Posture
- Land and Property / Consent Order Ruling
- Outcome
- Consent adopted as order of the court.
- Legal Topics
- Consent Judgment, Taxed Costs, Settlement of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Nyeri M’Rimunya
Plaintiff
Beth Kaari
Defendant
Prudence Mukiri
Defendant
Phares Gitari Nkoroi
Defendant
Procedural Posture
Land and Property / Consent Order Ruling
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the plaintiff should pay the defendants Kshs.450,000 as full and final settlement of taxed costs.
Ratio Decidendi
The court found that the consent filed by the parties was properly executed by their respective advocates and reflected a clear agreement on the settlement of taxed costs. There was no evidence of fraud, collusion, or any vitiating factor. Accordingly, the court adopted the consent as an order, making it binding on the parties. The plaintiff is required to pay the defendants Kshs.450,000 within seven days, failing which warrants of attachment may issue against the plaintiff.
Court Disposition
Consent adopted as order of the court.
Orders
- The plaintiff shall pay the defendants Kshs.450,000 as full and final settlement of the taxed costs within seven days of the order.
- In default of payment, warrants of attachment shall issue against the plaintiff.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 221 OF 2017
M’NYERI M’RIMUNYA.....................................................................PLAINTIFF
VERSUS
BETH KAARI.............................................................................1ST DEFENDANT
PRUDENCE MUKIRI................................................................2ND DEFENDANT
PHARES GITARI NKOROI......................................................3RD DEFENDANT
RULING
1. On 22nd June, 2021,the parties through their advocates proffered a consent and asked the court to adopt it as an order of this court. the consent is in the following terms:-
CONSENT
By consent the plaintiff do pay to the defendants Kshs.450,000/= as full and final settlement of the taxed costs within seven (7) days of today. In default warrants of attachment do issue against the plaintiff.
Linus Ndungu for the Defendants
Muthomi Gitari for the Plaintiff
DATED AT CHUKA THIS 22ND DAY OF JUNE, 2021
2. The consent is properly signed by the advocates representing the parties.
3. The consent is adopted as an order of this court.
WRITTEN AND DELIVERED IN OPEN COURT AT CHUKA THIS 22ND DAY OF JUNE, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Linus Ndung’u for the Defendants
Muthomi Gitari for the Plaintiff
P. M. NJOROGE,
JUDGE.