[2025] KEHC 8408 (KLR)
The court found that the parties had freely entered into a consent dated 15th May, 2025, which resolved all the issues raised in the appeal. The consent was lawful, unambiguous, and both parties were represented by counsel who confirmed their agreement. The court held that it is bound to adopt such a consent as an...
Source-derived case information.
- Citation
- [2025] KEHC 8408 (KLR)
- Parties
- Appellant: Mungai Wanyoike; Appellant: James Muchoki Muthoni; Respondent: Janefepher Oundo Odhiambo
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E035 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Adoption of Consent
- Outcome
- Appeal allowed by consent; trial court orders set aside; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Appeal Allowance, Setting Aside Trial Orders, Throw Away Costs, Execution Stay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mungai Wanyoike
Appellant
James Muchoki Muthoni
Appellant
Janefepher Oundo Odhiambo
Respondent
Procedural Posture
Civil Appeal / Ruling on Adoption of Consent
Legal Issues
- 1 Whether the consent entered by the parties should be adopted as an order of the court.
- 2 Whether the orders of the trial court regarding throw-away costs and execution should be set aside.
Ratio Decidendi
The court found that the parties had freely entered into a consent dated 15th May, 2025, which resolved all the issues raised in the appeal. The consent was lawful, unambiguous, and both parties were represented by counsel who confirmed their agreement. The court held that it is bound to adopt such a consent as an order of the court, provided it does not contravene any law or public policy. Consequently, the appeal was allowed by consent, the orders of the trial court regarding throw-away costs and execution were set aside, and the matter was set down for mention for further directions. No order as to costs was made, reflecting the parties' agreement.
Court Disposition
Appeal allowed by consent; trial court orders set aside; no order as to costs.
Orders
- The present appeal is allowed by consent of the parties.
- The ruling of the trial court dated 19th February, 2024 on throw-away costs is set aside.
Full Case Text
Judgment text and source record
21 paragraphs
Wanyoike & another v Odhiambo (Civil Appeal E035 of 2025) [2025] KEHC 8408 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8408 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E035 of 2025
DO Chepkwony, J
June 9, 2025
Between
Mungai Wanyoike
1st Appellant
James Muchoki Muthoni
2nd Appellant
and
Janefepher Oundo Odhiambo
Respondent
(Being an Appeal against the Ruling of the Learned Magistrate Hon. Mugure delivered in Limuru Court on 19th February, 2025 in CMCC No.E027 of 2022)
Ruling
1. This matter is for mention for parties to take directions on a Consent dated 15th May, 2025.
2. Upon listening to both counsel for the parties herein, the Consent dated 15th May, 2025 be and is hereby adopted as an order of the court in the following terms:-1. By Consent of the parties, it is hereby agreed and ordered as follows:-a.The present Appeal be and is hereby allowed.b.The Ruling of the trial Court dated 19th February, 2024 on the issue of payment of throw-away costs of Kshs.20,000/= be and is hereby set aside.c.The orders of the trial Court issued on 16th April, 2025 allowing execution to issue be and are hereby set aside.d.The matter be and is hereby set down for mention on 23rd June, 2025 for purposes of taking directions.e.The Appeal is allowed with no order as to costs.
It is so ordered.
CONSENT IS ADOPTED, DATED AND SIGNED AT KIAMBU THIS 9TH DAY OFJUNE, 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Wachira holding brief for Mr. Kivunga counsel for AppellantsM/S Omari holding brief Mr. Mutunga counsel for RespondentCourt Assistant - Martin