[2012] KEHC 5722 (KLR)
The court adopted the consent of the parties as the basis for judgment, recognizing that the respondent's obligation to provide a comprehensive breakdown of sums claimed enables the petitioners to settle undisputed amounts and contest any disputed sums through lawful means. The petitioners' undertaking to indemnify...
Source-derived case information.
- Citation
- [2012] KEHC 5722 (KLR)
- Parties
- Applicant: Mujeeb Farooqui; Applicant: Inderjit Singh Thethy; Applicant: Heena Magdani; Applicant: Jasvinder Mahal; Applicant: Tariq Salim; Applicant: Vimal Patel; Applicant: Web Routers; Applicant: Design Wear Limited; Applicant: Sejal Bharat Patel; Applicant: Seal Honey Limited; Respondent: Kenya Revenue Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 56 of 2012
- Procedural Posture
- Constitutional Law Petition / Consent Judgment
- Outcome
- Petition marked as settled by consent with no order as to costs.
- Judges
- DAS Majanja
- Legal Topics
- Customs Duties, Tax Disputes, Administrative Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mujeeb Farooqui
Applicant
Inderjit Singh Thethy
Applicant
Heena Magdani
Applicant
Jasvinder Mahal
Applicant
Tariq Salim
Applicant
Vimal Patel
Applicant
Web Routers
Applicant
Design Wear Limited
Applicant
Sejal Bharat Patel
Applicant
Seal Honey Limited
Applicant
Kenya Revenue Authority
Respondent
Procedural Posture
Constitutional Law Petition / Consent Judgment
Legal Issues
- 1 Whether the respondent is obligated to provide a comprehensive breakdown of sums claimed for unpaid duties, warehouse rent, and penalties on vehicles belonging to the petitioners.
- 2 Whether the petitioners are required to settle undisputed amounts and indemnify the respondent against third-party claims.
- 3 Whether the matter can be settled by consent without an order as to costs.
Ratio Decidendi
The court adopted the consent of the parties as the basis for judgment, recognizing that the respondent's obligation to provide a comprehensive breakdown of sums claimed enables the petitioners to settle undisputed amounts and contest any disputed sums through lawful means. The petitioners' undertaking to indemnify the respondent against third-party claims further secures the respondent's interests. The matter was marked as settled with no order as to costs, reflecting the parties' agreement and the principle that consent judgments are binding and final unless set aside for good cause.
Court Disposition
Petition marked as settled by consent with no order as to costs.
Orders
- The respondent shall provide to each petitioner, through their lawyers, within fourteen days, a comprehensive list of sums claimed for unpaid duties, customs warehouse rent, and penalties on the specified vehicles.
- The petitioners shall within sixty days of receipt of the lists settle any unpaid and undisputed amounts and may address disputed amounts through lawful processes.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Petition 56 of 2012
MUJEEB FAROOQUI ………………...........................…..........1ST PETITIONER
INDERJIT SINGH THETHY………….........................................2ND PETITIONER
HEENA MAGDANI………………..............................................3RD PETITIONER
JASVINDER MAHAL………………….........................….........4TH PETITIONER
TARIQ SALIM………………......................................................5TH PETITIONER
VIMAL PATEL………………....................................................6TH PETITIONER
WEB ROUTERS………………..................................................7TH PETITIONER
DESIGN WEAR LIMITED……………...….................................8TH PETITIONER
SEJAL BHARAT PATEL………….....……....................…........9TH PETITIONER
SEAL HONEY LIMITED ………………....................................10TH PETITIONER
AND
THE KENYA REVENUE AUTHORITY…...……............................RESPONDENT
CONSENT JUDGMENT
Judgment is entered in terms of the consent letter dated 27th July 2012 as amended, that is to say;
1. The respondent shall provide to each petitioner in writing, through their lawyers on record, within fourteen (14) days of the Order hereto, a comprehensive list of the sums claimed by the respondents in respect of unpaid duties, customs warehouse rent and any penalties levied on the vehicles belonging to the petitioners identified as Lot Numbers 52/08, 53/08, 56/08, 57/08, 58/08, 60/08, 61/08, 62/08, 63/08, 64/08, 65/08, 66/08, 67/08, 68/08, 69/08, 70/08, 71/08, 72/08, 75/08, 77/08, 78/08, 79/08, 80/08, 81/08, 82/08, 83/08 and 84/08 appearing in the Respondent’s Notice published on its website on or about 27th February 2012.
2. The petitioners shall within 60 days of receipt of the said lists of the sum claimed by the respondents settle any unpaid and undisputed amounts and shall be at liberty to deal with the remaining amounts using the process provided by law.
3. The petitioners undertake to indemnify the Respondent against any claims from third parties in respect of the vehicles identified as Lot Numbers 52/08, 53/08, 56/08, 57/08, 58/08, 60/08, 61/08, 62/08, 63/08, 64/08, 65/08, 66/08, 67/08, 68/08, 69/08, 70/08, 71/08, 72/08, 75/08, 77/08, 78/08, 79/08, 80/08, 81/08, 82/08, 83/08 and 84/08 appearing in the Respondent’s Notice published on its website on or about 27th February 2012.
4. The petition be and is hereby marked as settled with no order as to costs.
DATEDand DELIVERED at NAIROBI this 31st day of July 2012
D.S. MAJANJA
JUDGE
Mr Karungo instructed by Walker Kontos Advocates for the petitioner.
Ms Mwaniki, Advocate instructed by the Kenya Revenue Authority.