Kigutha Farmers (K) Limited v Mburia t/a Kabaki & Company Advocates [2024] KEHC 15152 (KLR)

Kigutha Farmers (K) Limited v Mburia t/a Kabaki & Company Advocates (Commercial Case E019 of 2024) [2024] KEHC 15152 (KLR) (2 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15152 (KLR)

Republic of Kenya

In the High Court at Kiambu

Commercial Case E019 of 2024

DO Chepkwony, J

December 2, 2024

Between

Kigutha Farmers (K) Limited

Plaintiff

and

Nancy Kabaki Mburia t/a Kabaki & Company Advocates

Defendant

Ruling

1. This matter is for mention for parties to confirm compliance of directions issued on 15th November, 2024.

2. However, upon listening to both counsel for the parties herein, Consent dated 29th November, 2024 as between the counsel for the parties herein be and is hereby adopted as an order of this Court in the following terms:-By Consent, the Notice of Motion and Originating Summons both dated 1st October, 2024 be and are hereby marked as settled on the following terms:-1. That the 1st and 2nd Plaintiffs do pay to the Defendants forthwith and in any event, within forty-eight (48) hours of recording this Consent Order, the sum of Kenya Shillings, Ten Million only (Kshs.10,000,000. 00) in cleared funds to the following Defendants Bank Account:-2. Upon the transfer and receipt of the funds in Clause 1 above by the Defendants, the defendant shall within twenty-four (24 hrs) release to the 1st and 2nd Plaintiffs’ advocates the following documents;a.The original conveyance over Land Reference No.3737. b.The original conveyance over Land Reference No.5839/1. c.The original transfer and counterpart for the Land Reference No.59839/1 in favour of the 2nd Plaintiff.d.All stamp duty receipts and exemptions (if any) for the transactions of the 1st and 2nd Plaintiffs.3. Upon compliance with Clauses 1 and 2 above, the matter shall be marked as settled.4. In default of compliance by any arty with the aforementioned orders, the affected parties be at liberty to apply for any orders, to execute and or enforce the court orders as the case may be.5. Each party shall bear their own costs of the suit and application.It is so ordered.

THIS CONSENT ORDER IS ADOPTED, DATED AND SIGNED AT KIAMBU THIS 2ND DAY OF DECEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kithinji holding brief for Mr. Allen Gichohi counsel for the PlaintiffsMr. Kimani holding brief for Mr. Elijah Mwangi counsel for Defendant/RespondentCourt Assistant - Martin