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ELCAllowedNot stated on the face of the extract (lead file; consolidating CMCC No. 56 of 2018)· [2019] KEELC 1732 (KLR)

Susan Nyambura Mwathi v Duncan Kiria Kabete [2019] KEELC 1732 (KLR)

High Court of Kenya
23 September 2019
PNP. M. Njoroge
166 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan High Court consolidated two related suits and bound both parties to a consent their lawyers signed, showing settlements become enforceable court orders.

What this practically means

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Executive summary

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This is a short directions order delivered by P. M. Njoroge J at Chuka on 23rd September 2019 during case management. Advocates for the parties - Muthomi Gitari holding brief for John Muthomi for the plaintiff and Ms Kithaka for the defendant - proffered a written consent dated 23rd September 2019. By that consent, the parties agreed to withdraw the preliminary objection dated 3rd July 2019, to consolidate the present suit with CMCC No. 56 of 2018, and to have the CMCC file transferred to the High Court at Chuka for purposes of consolidation. The court adopted the consent as an order of the court and directed that the file in CMCC No. 56 of 2018 be annexed to the present file, which was designated the lead file. Further directions were set for 29th October 2019 by consent of the advocates. No costs order was made and no authority was cited. The document is an interlocutory case management order rather than a final judgment; it determines no claims on the merits and disposes only of the preliminary objection (by withdrawal) and the question of consolidation.

Key legal issues

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Consolidation of suits by consent

Holding

The court may, on consent of the parties, consolidate related suits and designate one file as the lead file.

Reasoning

Advocates for both parties proffered a written consent dated 23rd September 2019 providing for withdrawal of the preliminary objection, consolidation of the suit with CMCC No. 56 of 2018, and transfer of that file to this court. The court adopted the consent as its own order and directed that the CMCC file be annexed to the present file, which becomes the lead file, with directions set for 29th October 2019.

p. 2

Legal principles established

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  • A consent recorded by advocates and adopted by the court binds the parties as an order of the court.

Court orders

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  1. 1.The consent dated 23rd September 2019 adopted as an order of the court
  2. 2.The preliminary objection dated 3rd July 2019 withdrawn by consent
  3. 3.The suit consolidated with CMCC No. 56 of 2018, which is transferred to this court for purposes of consolidation
  4. 4.CMCC No. 56 of 2018 file to be annexed to the present file, which becomes the lead file
  5. 5.Directions to be taken on 29th October 2019 by consent of advocates
Jurisdiction invoked
Inherent powers of the High Court to consolidate suits and adopt consent orders as orders of the court (provision not cited 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, "Susan Nyambura Mwathi v Duncan Kiria Kabete [2019] KEELC 1732 (KLR)", Case Analysis (2019). Not stated on the face of the extract (lead file; consolidating CMCC No. 56 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1732/eng@2019-09-23

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