[2015] KEHC 3303 (KLR)
The court adopted the consent of both parties as an order, setting aside the interlocutory judgment previously entered. The defendant was granted leave to file her defence within 14 days, and the plaintiff was granted leave to amend the plaint within 7 days of service of defence if necessary. The court further...
Source-derived case information.
- Citation
- [2015] KEHC 3303 (KLR)
- Parties
- Plaintiff: Rael Gatabira Mutea; Defendant: Mary Wakarima Kiruthu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 37 of 2013
- Procedural Posture
- Land and Environment Case / Ruling on Consent and Setting Aside Interlocutory Judgment
- Outcome
- Consent adopted as order of the court; interlocutory judgment set aside; directions given for filing of defence and amendment of plaint.
- Legal Topics
- Interlocutory Judgment, Consent Orders, Amendment of Pleadings, Filing of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Gatabira Mutea
Plaintiff
Mary Wakarima Kiruthu
Defendant
Procedural Posture
Land and Environment Case / Ruling on Consent and Setting Aside Interlocutory Judgment
Legal Issues
- 1 Whether the interlocutory judgment previously entered should be set aside by consent of the parties.
- 2 Whether the defendant should be granted leave to file her defence out of time.
- 3 Whether the plaintiff should be granted leave to amend the plaint after service of defence.
Ratio Decidendi
The court adopted the consent of both parties as an order, setting aside the interlocutory judgment previously entered. The defendant was granted leave to file her defence within 14 days, and the plaintiff was granted leave to amend the plaint within 7 days of service of defence if necessary. The court further directed the defendant to comply with Order 11 of the Civil Procedure Rules within 45 days. The decision was based on the mutual agreement of the parties, the binding nature of consent orders, and the court's discretion to set aside interlocutory judgments and regulate its own process in the interests of justice.
Court Disposition
Consent adopted as order of the court; interlocutory judgment set aside; directions given for filing of defence and amendment of plaint.
Orders
- The interlocutory judgment entered on 23rd May, 2014 is set aside by consent.
- The defendant is at liberty to file her defence within 14 days from the date hereof.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L NO 37 OF 2013
RAEL GATABIRA MUTEA.......................PLAINTIFF
VERSUS
MARY WAKARIMA KIRUTHU................DEFENDANT
RULING
An Interlocutory Judgement had been entered in this matter on 23rd day of May, 2014.
The matter was poised for formal proof proceedings on 22/07/2015 when the Parties presented to Court a Consent they wanted adopted as an order of this Court. The Consent is adopted as an Order of this Court. The Consent is in the following terms:
“By Consent of both Counsels the interlocutory Judgement entered on 23rd May, 2014 is hereby set aside.
The defendant be at liberty to file her defence within 14 days from the dates hereof.
The Plaintiff be granted leave to amend plaint within (7) days from the date of service of defence if necessary”.
I direct that the Defendant fully complies with Order 11, CPR, within 45 days.
It is so ordered.
Delivered in Open Court at Meru this 22nd July, 2015 in the presence of:-
CC: Lilian/Daniel
J.G Gitonga for the Plaintiff
Mrs Kaume for the Defendant
P.M.NJOROGE
JUDGE