[2016] KEHC 4536 (KLR)
The court found that the parties had reached a valid consent, properly executed by their advocates, to set aside the interlocutory judgment and allow the defendants to file their defence within 14 days. The court adopted the consent as its order, noting that such consent is binding and enforceable, and that no...
Source-derived case information.
- Citation
- [2016] KEHC 4536 (KLR)
- Parties
- Plaintiff: Salome Nkirote; Defendant: Philip Kang'ethe Kahoro; Defendant: Nimrod Kahoro
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 198 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Application to Set Aside Interlocutory Judgment
- Outcome
- Application allowed by consent; interlocutory judgment set aside; defendants granted leave to file defence within 14 days; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Setting Aside Judgment, Consent Orders, Filing of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Nkirote
Plaintiff
Philip Kang'ethe Kahoro
Defendant
Nimrod Kahoro
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Set Aside Interlocutory Judgment
Legal Issues
- 1 Whether the interlocutory judgment against the defendants should be set aside.
- 2 Whether the consent of the parties should be adopted as an order of the court.
Ratio Decidendi
The court found that the parties had reached a valid consent, properly executed by their advocates, to set aside the interlocutory judgment and allow the defendants to file their defence within 14 days. The court adopted the consent as its order, noting that such consent is binding and enforceable, and that no injustice would result from granting the orders sought. The application was therefore allowed on the terms agreed by the parties, with costs in the cause.
Court Disposition
Application allowed by consent; interlocutory judgment set aside; defendants granted leave to file defence within 14 days; costs in the cause.
Orders
- The application dated 05/05/2016 is allowed by consent.
- The interlocutory judgment against the defendants is set aside.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIROMENTAL & LAND CASE NO 198 OF 2012
SALOME NKIROTE …..............................................................................PLAINTIFF
VERSUS
PHILIP KANG'ETHE KAHORO....................................................1ST DEFENDANT
NIMROD KAHORO......................................................................2ND DEFENDANT
R U L I N G
This application is dated 05/05/2016 and seeks orders:-
That the Court do be pleased to set aside the interlocutory judgment against the defendants.
The Court do grant any other orders it deems just and equitable in the circumstances.
Costs be in cause.
The application is supported by the affidavit of PHILIP KANGETHE KAHORO, the 1st Defendant, and has the following grounds. On 09/05/2016, the parties proffered a Consent for adoption as an order of this Court. It was in the following terms:-
“ CONSENT
By Consent the application dated 05/05/2016 be and is hereby allowed in the following terms:-
The Defendants be accorded 14 days from the date hereof to file a defence.
Costs be in the cause.”
The Consent is properly signed by the Advocates representing the parties. It is adopted as an order of this Court.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 9TH DAY OF MAY. 2015 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Mutwiri Arimi for the Plaintiff
Ken Muriuki for the Defendant
P.M NJOROGE
JUDGE