[2025] KEHC 4299 (KLR)
The court found that the written consent signed by the plaintiff's advocate and the advocates for the 3rd, 4th, and 5th defendants was valid and properly filed. The consent resolved the dispute by revoking the board resolution of 6th April 2023 and reinstating the plaintiff as chairperson of the Kenya Association of...
Source-derived case information.
- Citation
- [2025] KEHC 4299 (KLR)
- Parties
- Plaintiff: Angela Mwende Ndambuki; Defendant: Antony Musembi & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Suit E170 of 2023
- Procedural Posture
- Commercial Suit / Ruling on Consent Judgment
- Outcome
- Suit settled by consent; judgment entered in terms of consent.
- Judges
- NW Sifuna
- Legal Topics
- Company Directors, Board Resolutions, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angela Mwende Ndambuki
Plaintiff
Antony Musembi & Others
Defendant
Procedural Posture
Commercial Suit / Ruling on Consent Judgment
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as an order of the court.
- 2 Whether the revocation of the board resolution and reinstatement of the plaintiff as chairperson is valid by consent.
Ratio Decidendi
The court found that the written consent signed by the plaintiff's advocate and the advocates for the 3rd, 4th, and 5th defendants was valid and properly filed. The consent resolved the dispute by revoking the board resolution of 6th April 2023 and reinstating the plaintiff as chairperson of the Kenya Association of Music Producers (KAMP) from the date of her election. The court adopted the consent as an order and entered judgment accordingly, holding that such consent is binding on the parties and enforceable as a judgment of the court. Each party was ordered to bear its own costs.
Court Disposition
Suit settled by consent; judgment entered in terms of consent.
Orders
- The consent dated 15th November 2023 is adopted as an order of the court.
- The board resolution of 6th April 2023 is revoked.
Full Case Text
Judgment text and source record
19 paragraphs
Ndambuki v Musembi & others (Commercial Suit E170 of 2023) [2025] KEHC 4299 (KLR) (Commercial and Tax) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4299 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Suit E170 of 2023
NW Sifuna, J
April 4, 2025
Between
Angela Mwende Ndambuki
Plaintiff
and
Antony Musembi & Others
Defendant
Ruling
1. This Ruling is on the parties’ written consent dated 15th November 2023. The same which was filed in this suit is signed by the Plaintiff’s Advocate and the Advocate for the 3rd, 4th and 5th Defendants.
2. The consent was intended to settle this suit in terms that the resolution passed by the Directors of the Kenya Association of Music Producers (KAMP) the interested Party herein; and which resolution was passed on 6th April 2023, was revoked. The consent is hereby adopted as an order of this Court; and judgment is hereby entered in the terms of the consent.
3. The effect of the consent and that consequent judgment, is that by that resolution, the Plaintiff Angela Mwende Ndambuki is reinstated as the Chairperson of the said Association’s Board of Directors with effect from 12th January 2023 the date on which she was elected to the office. Each party shall bear its own costs of the suit.
DATED AND DELIVERED AT NAIROBI ON THIS 4TH DAY OF APRIL 2025. PROF (DR) NIXON SIFUNAJUDGE