[2024] KEHC 8515 (KLR)

[2024] KEHC 8515 (KLR)

The court adopted the consent of the parties as the basis for its ruling, holding that the client shall settle the decretal sum of Kshs.3,707,199 within ninety days, the application dated 3.7.2024 is withdrawn with no orders as to costs, and the advocate/respondent is granted liberty to apply in the event of...

Source-derived case information.

Citation
[2024] KEHC 8515 (KLR)
Parties
Respondent: Odongo Okal & Company Advocates; Applicant: Paul Odalo Mak’ojuando
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Cause E48 of 2023
Procedural Posture
Miscellaneous Civil Cause / Ruling on Settlement by Consent
Outcome
Settled by consent; application withdrawn; file closed.
Judges
MS Shariff
Legal Topics
Advocate Client Costs, Decretal Sum Settlement
Source Language
en
Civil Procedure Advocate Client Costs Decretal Sum Settlement

Source-derived case record

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Parties

Odongo Okal & Company Advocates

Respondent

Paul Odalo Mak’ojuando

Applicant

Procedural Posture

Miscellaneous Civil Cause / Ruling on Settlement by Consent

Legal Issues

  1. 1 Whether the parties have reached a binding settlement on the decretal sum.
  2. 2 Whether the application dated 3.7.2024 should be withdrawn by consent.
  3. 3 Whether the advocate/respondent should have liberty to apply in the event of default.

Ratio Decidendi

The court adopted the consent of the parties as the basis for its ruling, holding that the client shall settle the decretal sum of Kshs.3,707,199 within ninety days, the application dated 3.7.2024 is withdrawn with no orders as to costs, and the advocate/respondent is granted liberty to apply in the event of default. The file is marked as closed, reflecting the finality of the consent settlement and the absence of any further contestation unless default occurs.

Court Disposition

Settled by consent; application withdrawn; file closed.

Orders

  • The client/applicant shall settle the decretal sum of Kshs.3,707,199 in ninety days from the date of the ruling.
  • The application dated 3.7.2024 is marked as withdrawn with no orders as to costs.