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ELCAllowedNot stated in the judgment· [2016] KEELC 1295 (KLR)

Charles Kithinji Thuranira v Stanley Kaigera Mtwamikwa & another [2016] KEELC 1295 (KLR)

High Court of Kenya (not expressly stated; delivered at Meru)
7 December 2016
PNP. M. Njoroge
195 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court adopted a signed settlement consent, undoing an interlocutory judgment and giving the defendants a fresh chance to defend.

What this practically means

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Executive summary

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This is a brief first-instance ruling delivered on 7th December 2016 at Meru by P. M. Njoroge J, recording and adopting a consent between the plaintiff and the two defendants in an undisclosed civil suit. The consent, presented to the court for adoption, had four terms: the plaintiff was granted leave to amend the plaint; the plaintiff was to file and serve a further amended plaint within seven days; the interlocutory judgment entered against the defendants on 3rd February 2015 was set aside; and each party was to bear their own costs of the application. The court found the consent properly executed by the parties and adopted it as an order of the court. The judge further directed the parties to obtain a date from the registry for directions, at which they would inform the court of the progress of their settlement negotiations, indicating that the parties were pursuing an out-of-court resolution. General costs were ordered to be in the cause. The ruling set aside the earlier interlocutory judgment by consent, restoring the defendants' opportunity to defend, and cleared the way for an amended plaint. No statutes or case authorities were cited, and no contested issues of law or evidence were determined; the judgment is purely procedural.

Key legal issues

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01

Adoption of a party consent as a court order and setting aside of interlocutory judgment by consent

Holding

The court adopted the duly executed consent, granting leave to amend the plaint, setting aside the interlocutory judgment of 3rd February 2015, and directing each party to bear their own costs of the application.

Reasoning

The parties proffered a consent on 7th December 2016 asking the court to adopt it as its order. The court found the consent properly executed by the parties and, without recording any contest, adopted it as an order of the court, giving effect to all four terms including the setting aside of the earlier interlocutory judgment and directions toward settlement negotiations.

p. 1

Legal principles established

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  • A properly executed consent between parties may be adopted as an order of the court

Court orders

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  1. 1.The plaintiff granted leave to amend the plaint
  2. 2.Plaintiff to file and serve further amended plaint within 7 days from the date of recording of the consent
  3. 3.The interlocutory judgment entered against the defendants on 3rd February 2015 set aside
  4. 4.Each party to meet his own costs of the application
  5. 5.The consent adopted as an order of the court
  6. 6.Parties directed to obtain a date from the registry for directions to inform the court of progress in settlement negotiations
  7. 7.Costs shall be in the cause
Jurisdiction invoked
Inherent powers of the court to adopt consents as orders and grant leave to amend pleadings (provision not stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Charles Kithinji Thuranira v Stanley Kaigera Mtwamikwa & another [2016] KEELC 1295 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1295/eng@2016-12-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.