[2006] KEHC 2610 (KLR)
The court found that the defendants had settled the principal sum claimed by the plaintiff but had failed to pay the costs and interest as required. Since the application was unopposed and the compromise was clear, the court held that it was proper to record the compromise as a judgment of the court. The plaintiff...
Source-derived case information.
- Citation
- [2006] KEHC 2610 (KLR)
- Parties
- Plaintiff: Nirav Agencies Limited; Defendant: The Permanent Secretary in Charge of Provincial Administration & National Security Office of the President; Defendant: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 111 of 2005
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Judgment on Compromise
- Outcome
- Judgment entered for the plaintiff as prayed in the amended plaint, with credit for amounts paid; costs of the application awarded to the plaintiff.
- Judges
- MM Kasango
- Legal Topics
- Compromise of Suit, Entry of Judgment, Costs Award, Settlement Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nirav Agencies Limited
Plaintiff
The Permanent Secretary in Charge of Provincial Administration & National Security Office of the President
Defendant
The Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Judgment on Compromise
Legal Issues
- 1 Whether the compromise between the parties should be recorded as a judgment of the court.
- 2 Whether the plaintiff is entitled to costs and interest after settlement of the principal claim.
Ratio Decidendi
The court found that the defendants had settled the principal sum claimed by the plaintiff but had failed to pay the costs and interest as required. Since the application was unopposed and the compromise was clear, the court held that it was proper to record the compromise as a judgment of the court. The plaintiff was entitled to judgment as prayed in the amended plaint, with credit given for amounts already paid by the defendants. The court also awarded the plaintiff the costs of the application.
Court Disposition
Judgment entered for the plaintiff as prayed in the amended plaint, with credit for amounts paid; costs of the application awarded to the plaintiff.
Orders
- Judgment is entered in favour of the plaintiff as prayed in the amended plaint dated 10th May 2005.
- The defendant is given credit for the amounts paid to the plaintiff: Kshs 11,754,000 paid on 27.6.2005 and Kshs 5,150,000 paid on 30.6.2006.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Suit 111 of 2005
NIRAV AGENCIES LIMITED…………......................................................……....…………PLAINTIFF
VERSUS
THE PERMANENT SECRETARY IN CHARGE OF PROVINCIAL ADMINISTRATION & NATIONAL
SECURITY OFFICE OF THE PRESIDENT…..................................................………….1ST DEFENDANT
THE ATTORNEY GENERAL………..…………..................................................………2ND DEFENDANT
R U L I N G
The plaintiff filed a claim for kshs 16, 904, 000 plus costs and interest against the defendants. The defendant filed appearance and defence. The defendants thereafter settled the plaintiff’s principal claim of kshs 16, 904, 000 but failed to pay the costs and interest.
The plaintiff now have moved this court by way of Notice of Motion brought under O. 24 R 6 seeking an order that the compromise be recorded and judgment be entered for the plaintiff.
The defendants did not oppose the application nor was there any attendance on their behalf.
I have considered the application dated 28th February 2006, and the affidavit in support and I find the prayers thereof are merited.
The orders of this court are: -
(1) That judgement be and is hereby entered in favour of the plaintiff as prayed in the plaint amended on 10th may 2005.
(2) That he defendant be given credit for the amount paid to the plaintiff as follows
(i)Kshs 11, 754, 000 paid on 27. 6.2005;
(ii)Kshs 51, 150, 000 paid on 30. 6.2006.
(3) The plaintiff is granted costs of the Notice of Motion dated 28th February 2006.
MARY KASANGO
JUDGE
Dated and delivered this 4th May 2006.
MARY KASANGO
JUDGE