[2024] KEHC 4655 (KLR)
The court found that the parties had entered into a valid consent in open court to compromise the consolidated appeals. As a result, there was no longer any live dispute for determination. The court, therefore, ordered the appeal file closed, giving effect to the parties' agreement and upholding the principle that a...
Source-derived case information.
- Citation
- [2024] KEHC 4655 (KLR)
- Parties
- Appellant: Fredrick Omondi Opeth; Appellant: Jackson Muga Onyango; Respondent: Elisha Muchira Musa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E018 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Compromise/consent
- Outcome
- Appeals compromised by consent; appeal file ordered closed.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Compromise, Consent Orders, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Omondi Opeth
Appellant
Jackson Muga Onyango
Appellant
Elisha Muchira Musa
Respondent
Procedural Posture
Civil Appeal / Ruling on Compromise/consent
Legal Issues
- 1 Whether the appeals should be compromised by consent of the parties.
- 2 Whether the appeal file should be closed following the compromise.
Ratio Decidendi
The court found that the parties had entered into a valid consent in open court to compromise the consolidated appeals. As a result, there was no longer any live dispute for determination. The court, therefore, ordered the appeal file closed, giving effect to the parties' agreement and upholding the principle that a consent order is binding and final unless set aside for fraud, mistake, or other sufficient cause.
Court Disposition
Appeals compromised by consent; appeal file ordered closed.
Orders
- The appeals are marked as compromised by consent of the parties.
- The appeal file is ordered closed.
Full Case Text
Judgment text and source record
20 paragraphs
Opeth & another v Musa (Civil Appeal E018 & E005 of 2022 (Consolidated)) [2024] KEHC 4655 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4655 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E018 & E005 of 2022 (Consolidated)
WM Musyoka, J
May 6, 2024
Between
Fredrick Omondi Opeth
1st Appellant
Jackson Muga Onyango
2nd Appellant
and
Elisha Muchira Musa
Respondent
(An appeal arising from the judgement and decree of Hon. Lucy Ambasi, Chief Magistrate, CM, delivered on 26th April 2022, in Busia CMCCC No. 30 of 2017)
Ruling
1. The appeals herein were compromised, by a consent stated in open court, on 22nd April 2024.
2. The appeal file was ordered to be closed.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 6TH DAY OF MAY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Mirembe, instructed by Kimondo Gachoka & Company, Advocates for the appellant.Ms. Anono, instructed by JV Juma & Company, Advocates for the respondent.