[2025] KEHC 8458 (KLR)

[2025] KEHC 8458 (KLR)

The court found that both parties, through their respective counsel, had agreed to the terms of the consent dated 15th May, 2025. The consent provided for the allowance of the appeal, setting aside of the trial court's orders on throw-away costs and execution, and directions for further mention before the trial...

Source-derived case information.

Citation
[2025] KEHC 8458 (KLR)
Parties
Appellant: Mungai Wanyoike; Appellant: James Muchoki Muthoni; Respondent: Rosina Wakio Nyambu
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Judgment Date
9 June 2025
Case Number
Civil Appeal E036 of 2025
Procedural Posture
Civil Appeal / Ruling on Adoption of Consent
Outcome
Appeal allowed by consent; trial court orders set aside; matter remitted for mention; no order as to costs.
Judges
DO Chepkwony
Legal Topics
Appeal Allowance, Consent Orders, Setting Aside Orders
Source Language
english
Civil Procedure Appeal Allowance Consent Orders Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mungai Wanyoike

Appellant

James Muchoki Muthoni

Appellant

Rosina Wakio Nyambu

Respondent

Procedural Posture

Civil Appeal / Ruling on Adoption of Consent

Legal Issues

  1. 1 Whether the consent dated 15th May, 2025 should be adopted as an order of the court.
  2. 2 Whether the orders of the trial court regarding throw-away costs and execution should be set aside by consent.

Ratio Decidendi

The court found that both parties, through their respective counsel, had agreed to the terms of the consent dated 15th May, 2025. The consent provided for the allowance of the appeal, setting aside of the trial court's orders on throw-away costs and execution, and directions for further mention before the trial court. The court held that since the consent was unequivocal and both parties were represented, it was proper to adopt it as an order of the court. The effect was to allow the appeal, set aside the impugned orders, and remit the matter for further directions, with no order as to costs.

Court Disposition

Appeal allowed by consent; trial court orders set aside; matter remitted for mention; no order as to costs.

Orders

  • The present Appeal is allowed.
  • The Ruling of the trial Court dated 19th February, 2024 on the issue of payment of throw-away costs of Kshs.20,000 is set aside.