[2024] KEHC 14555 (KLR)

[2024] KEHC 14555 (KLR)

The court allowed the Notice of Motion application dated 13th August, 2024, on the basis that both parties, through their advocates, confirmed a compromise had been reached. The court, therefore, ordered the release of the money deposited in court to the respondents/applicants and made no order as to costs. The...

Source-derived case information.

Citation
[2024] KEHC 14555 (KLR)
Parties
Appellant: Catherine Kanyiri Nduati; Respondent: Grace Wanjiku Nabu; Respondent: Benjamin Mukiri Kimani
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Appeal E314 of 2022
Procedural Posture
Civil Appeal / Ruling on Notice of Motion (compromise of Application)
Outcome
Notice of Motion application allowed by consent; money deposited in court to be released to respondents/applicants; no order as to costs.
Judges
DO Chepkwony
Legal Topics
Compromise of Application, Release of Deposit, Court Orders, Costs
Source Language
en
Civil Procedure Compromise of Application Release of Deposit Court Orders Costs

Source-derived case record

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Parties

Catherine Kanyiri Nduati

Appellant

Grace Wanjiku Nabu

Respondent

Benjamin Mukiri Kimani

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion (compromise of Application)

Legal Issues

  1. 1 Whether the Notice of Motion application dated 13th August, 2024 should be allowed as compromised by the parties.
  2. 2 Whether the money deposited in court should be released to the respondents/applicants.
  3. 3 Whether any order as to costs should be made.

Ratio Decidendi

The court allowed the Notice of Motion application dated 13th August, 2024, on the basis that both parties, through their advocates, confirmed a compromise had been reached. The court, therefore, ordered the release of the money deposited in court to the respondents/applicants and made no order as to costs. The decision was guided by the principle that a compromise between parties, once confirmed to the court, is binding and the court is obligated to give effect to the terms agreed upon by the parties. The court also exercised its discretion not to award costs, in line with the parties' agreement.

Court Disposition

Notice of Motion application allowed by consent; money deposited in court to be released to respondents/applicants; no order as to costs.

Orders

  • The money deposited in this court by the defence on 24th January, 2023 amounting to Kshs.317,205.00 only be released to the Respondents/Applicants without further delay.
  • No orders as to costs.