[2015] KEHC 1230 (KLR)
The court found that the consent presented by the parties was duly signed by all advocates on record and that the terms were clear, including consolidation of the two matters, pursuit of out of court settlement, and scheduling of a mention for pre-trial directions. There being no objection from any party, and the...
Source-derived case information.
- Citation
- [2015] KEHC 1230 (KLR)
- Parties
- Plaintiff: Registered Trustee of the Agriculture Society of Kenya; Defendant: Meru Golf Limited; Defendant: The Honourable The Attorney General; Defendant: Elijah Imathiu; Defendant: Charles Gikundi; Defendant: John Gituma; Defendant: Dr. Mworia Mugambi; Interested Party: Kenya Forest Service
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 169 of 2008
- Procedural Posture
- Civil Case / Ruling on Adoption of Consent and Consolidation of Suits
- Outcome
- Consent adopted as order of the court; suits consolidated; mention date set for pre-trial directions and reporting on settlement.
- Judges
- FM Njoroge
- Legal Topics
- Consolidation of Suits, Consent Orders, Pre Trial Directions
- 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
Registered Trustee of the Agriculture Society of Kenya
Plaintiff
Meru Golf Limited
Defendant
The Honourable The Attorney General
Defendant
Elijah Imathiu
Defendant
Charles Gikundi
Defendant
John Gituma
Defendant
Dr. Mworia Mugambi
Defendant
Kenya Forest Service
Interested Party
Procedural Posture
Civil Case / Ruling on Adoption of Consent and Consolidation of Suits
Legal Issues
- 1 Whether the court should adopt the consent of the parties as an order of the court.
- 2 Whether the two matters should be consolidated with Civil Case No. 169 of 2008 as the lead file.
- 3 Whether parties should be directed to pursue out of court settlement and report progress.
Ratio Decidendi
The court found that the consent presented by the parties was duly signed by all advocates on record and that the terms were clear, including consolidation of the two matters, pursuit of out of court settlement, and scheduling of a mention for pre-trial directions. There being no objection from any party, and the consent being in accordance with the law and procedure, the court adopted the consent as its order. The court further directed that costs shall be in the cause and fixed a mention date for parties to report on the progress of settlement discussions and to take further directions.
Court Disposition
Consent adopted as order of the court; suits consolidated; mention date set for pre-trial directions and reporting on settlement.
Orders
- The two matters, Civil Case No. 169 of 2008 and ELC No. 44 of 2015, are consolidated with 169 of 2008 as the lead file.
- A mention date is issued for pre-trial directions.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 169 OF 2008
(Previously Nairobi HCCC no 1162 of 2005)
REGISTERED TRUSTEE OFTHE AGRICULTURE SOCIETY OF KENYA..............CLAIMANT
VERSUS
MERU GOLF LIMITED.......................................................................................1ST DEFENDANT
THE HONOURABLE THE ATTORNEY GENERAL...........................................2ND DEFENDANT
ELIJAH IMATHIU
CHARLES GIKUNDI
JOHN GITUMA
DR. MWORIA MUGAMBI
(All operating in the name and style of
MERU PUBLIC GOLF COURSE..................................................................3RD DEFENDANT
AND
KENYA FOREST SERVICE.......................................................................INTERESTED PARTY
R UL I N G
On 9. 11. 2015, the parties in this matter presented a consent which they asked the court to adopt as its order.
The consent is in the following terms:
“By consent, parties have agreed THAT:
The two matters, i.e 169 of 2008 and ELC No. 44 of 2015 be consolidated wherein 169 of 2008 be the lead file.
Court be pleased to issue a mention date for pre-trial directions.
Parties to pursue the option of out of court settlement in the meantime.
The consent is duly signed by the advocates representing the parties. It is dated 9. 11. 2015.
In the circumstances, the consent is adopted as an order of this court.
Costs shall be in the cause.
By consent, parties have agreed to come to Court on 9. 3.2016 to report the progress they will have made in their attempt to reach an out of Court settlement and to take directions.
Delivered in Open Court at Meru this 9th day of November, 2015 in the presence of:
Cc. Lilian/Daniel
Felix Mutua for Plaintiffs in both cases
Muthamia b/b Miss Kiome for 1st and 2nd Defendants in 169 of 2008
Miss Kungu for 2nd defendant in 169 of 2008
Miss Muthee for Interested Party in 169 of 2008
Benjamin Makokha for Defendant in ELC 44 of 2015
P. M. NJOROGE
JUDGE