Rop & 2 others v Kipruto & another (Civil Appeal (Application) 128 of 2018) [2025] KECA 1610 (KLR) (3 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1610
- Citation
- [2025] KECA 1610 (KLR)
- Decided
- 3 October 2025
The application is dismissed with costs to the respondents as the applicants have not made a case for the court to set aside the consent order.
Facts
The appellants and respondents were involved in a dispute over a portion of land in the LR Kisumu/Fort-Tenan Settlement Scheme Plot No. 068/289. The appellants appealed against the judgment dismissing their claims, and a consent order was entered into on May 12, 2023, transferring a portion of the land to the respondents.
Issues
- Whether the consent order should be set aside due to the appellants' claims of fraud and collusion by their counsel
- Whether the appellants should be restrained from dealing with the land pending the hearing of the application
Reasoning
The court held that the consent order was entered into by counsel and is binding on all parties, and cannot be set aside or varied unless it is proved that it was obtained by fraud or collusion. The applicants' allegations of fraud and collusion were not supported by evidence.
Outcome
Dismissed with costs
Orders
- The respondents are restrained from dealing with the land LR Kisumu/Fort-Ternan/289 pending the hearing of the application
Authorities cited
Cases cited (2)
- Kenya Commercial Bank Ltd vs Specialised Engineering Co. Ltd (1982) KLR 485
- Ndirangu v Commercial Bank of Africa (2002) 2 KLR 603
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