Francis K. Baya & 2 others v Sammy Mtile & another [2015] KEELC 551 (KLR)

Facts

The Plaintiffs sought an order compelling the Defendants to transfer properties to them. The Defendants entered appearance and filed a joint defence. The Applicant was initially a Defendant but was removed from the suit by the court.

Issues

1. Whether the Applicant's Application to review, discharge, set aside, vary or vacate the consent orders was valid.
2. Whether the Applicant had the locus standi to review the consent orders.

Reasoning

The Applicant was removed from the suit as a Defendant and was heard on oath as PW2. The initial order to start the matter de novo was by consent of the parties, and the issue of jurisdiction was never ventilated. The Applicant cannot be heard on one hand to be excused from being a party to the suit and on the other hand to ask the court to set aside or vary a consent in which she was not a party.

Outcome

The Applicant's Application is dismissed with costs.