[2016] KEHC 6769 (KLR)
The court found that since the parties had, by written consent, agreed to withdraw the application for transfer of the suit to the Environment and Land Division at Embu, there was no longer a live issue for determination. The consent was adopted as an order of the court, marking the application as settled. No order...
Source-derived case information.
- Citation
- [2016] KEHC 6769 (KLR)
- Parties
- Plaintiff: Royford Riungu Kuura; Plaintiff: Washington Kirimu Kuura; Plaintiff: Charles Nyaga Kuura; Defendant: M'Kuura Riria; Defendant: Tura Karinguri; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 147 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application for Transfer and Withdrawal by Consent
- Outcome
- Application withdrawn by consent and marked as settled. No order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royford Riungu Kuura
Plaintiff
Washington Kirimu Kuura
Plaintiff
Charles Nyaga Kuura
Plaintiff
M'Kuura Riria
Defendant
Tura Karinguri
Defendant
Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Transfer and Withdrawal by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Environment and Land Division of the High Court at Embu for hearing and determination.
- 2 Whether costs should be awarded upon withdrawal of the application by consent.
Ratio Decidendi
The court found that since the parties had, by written consent, agreed to withdraw the application for transfer of the suit to the Environment and Land Division at Embu, there was no longer a live issue for determination. The consent was adopted as an order of the court, marking the application as settled. No order as to costs was made in respect of the withdrawn application. The court's decision was based on the principle that parties are at liberty to compromise or withdraw applications by consent, and such consent is binding and enforceable as an order of the court.
Court Disposition
Application withdrawn by consent and marked as settled. No order as to costs.
Orders
- The application dated 9th December, 2015 is marked as settled by consent of the parties.
- No costs are granted in respect of this application.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 147 OF 2009
ROYFORD RIUNGU KUURA.............1ST PLAINTIFF
WASHINGTON KIRIMU KUURA..........2ND PLAINTIFF
CHARLES NYAGA KUURA …............3RD PLAINTIFF
VERSUS
M'KUURA RIRIA ….........................1ST DEFENDANT
TURA KARINGURI..........................2ND DEFENDANT
ATTORNEY GENERAL...................3RD DEFENDANT
R U L I N G
This application is dated 9th December, 2015 and seeks orders:-
THATthe Honourable Court be pleased to order of the transfer of the consolidated suits filed herein to the Environment and Land Division of the High Court at Embu for hearing and determination.
THATthe costs be in the cause.
It is buttressed by the Affidavit of Charles Nyaga Kura, the Plaintiff. It has the following grounds:-
The subject matter of the suit is land situated at Chuka.
That there is now an Environment and Land Division of the High Court at Embu.
That all the parties to the suit come from Chuka.
That Embu is near to Chuka than Meru.
It is expensive for the Plaintiffs and their witnesses to attend hearing at Meru.
It is in the interest of justice and fairness that the order sought herein be granted.
When the matter came up for directions on 16/02/2016, the parties, by consent, agreed to have the application withdrawn. Their Written Consent is adopted as an order of this Court. The application is marked as settled . No costs are granted in respect of this application.
It is so ordered.
Delivered in Open Court at Meru this 16 day of February, 2016 in the presence of:-
CC: Daniel/Lilian
Marigi h/b Oyugi for the Plaintiffs
Mutegi for the Defendants
P. M. NJOROGE
JUDGE