[2025] KEHC 1289 (KLR)
The court found that both parties, through their respective advocates, had negotiated and executed a consent settling the dispute. The consent clearly set out the terms for the release and distribution of the deposited sum and interest. There was no evidence of coercion or illegality. The court, therefore, adopted...
Source-derived case information.
- Citation
- [2025] KEHC 1289 (KLR)
- Parties
- Appellant: Peter Njenga Munyui; Respondent: John Ndungu Gachuiru
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E120 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Settlement/consent Adoption
- Outcome
- Consent adopted as order of the court; funds to be released and distributed as agreed; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Settlement Agreements, Consent Orders, Release of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njenga Munyui
Appellant
John Ndungu Gachuiru
Respondent
Procedural Posture
Civil Appeal / Ruling on Settlement/consent Adoption
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 How the deposited sum should be distributed between the appellant and respondent as per the consent.
Ratio Decidendi
The court found that both parties, through their respective advocates, had negotiated and executed a consent settling the dispute. The consent clearly set out the terms for the release and distribution of the deposited sum and interest. There was no evidence of coercion or illegality. The court, therefore, adopted the consent as an order, directing the release of the funds as agreed and making no order as to costs. The adoption of the consent resolved the appeal in accordance with the parties' wishes, upholding the principle that parties are bound by their lawful agreements recorded in court.
Court Disposition
Consent adopted as order of the court; funds to be released and distributed as agreed; no order as to costs.
Orders
- The amount of Kshs. 1,500,000 deposited in the joint advocates' account at NCBA Bank Ridgeways Branch to be released to Kimani Charagu & Co. Advocates.
- Kshs. 500,000 to be paid to the appellant; Kshs. 1,000,000 to be paid to the respondent, through their respective advocates.
Full Case Text
Judgment text and source record
23 paragraphs
Munyui v Gachuiru (Civil Appeal E120 of 2022) [2025] KEHC 1289 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1289 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E120 of 2022
DO Chepkwony, J
February 17, 2025
Between
Peter Njenga Munyui
Appellant
and
John Ndungu Gachuiru
Respondent
Ruling
1. The matter is for mention for parties to confirm compliance of directions issued on 9 /12/2024 and or settlement in the matter.
2. Upon listening to both counsel for the parties herein, it is confirmed that parties have negotiated and reached a settlement whereby a consent to that effect has been filed herein.
3. In view of this, a consent dated 16th December, 2024 entered between counsel for both parties be and is hereby adopted as an order by this court in the following terms: -
1. Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand deposited in an interest gaining account in the names of Kimani Charagu & Co. Advocates and Waithaka & Associates in NCBA Bank Ridgeways Branch be released to the firm of Kimani Charagu & Co. Advocates.
2. Thatthe amount of (Kshs. 1,500,000/=) Kenya Shillings One Million Five Hundred Thousand be shared among the Appelant And The Respondent As Follows:a. (Kshs. 500,000/=) Kenya Shillings Five Hundred Thousand to the Appellant.b. (Kshs. 1,000,000/=) Kenya Shillings One Million to the Respondent.
3. Thatthe appellants and the respondents share as set out in clause 2 (a) and (b) hereinabove to be released to the respective Advocates on record in this Appeal for the Appellant and the Respondent.
4. Thatthe account’s interest be released to the firm of Kimani Charagu & Co. Advocates.
5. Thatthere be no order as to costs.It is so ordered.
THIS CONSENT IS DEPONED THIS 17TH DAY OF FEBRUARY, 2025D.O CHEPKWONYJUDGE