Joshua Nzive Mulwa & 3 others v Kenya Commercial Bank Ltd & another [2017] KEELC 2428 (KLR)

Facts

The Plaintiffs applied for the setting aside of a consent order entered into on January 21, 2008, which allowed them to vacate the suit property on April 30, 2008, and settle the suit upon payment of agreed amount. The Plaintiffs claimed the 2nd Defendant had no capacity to sell the land, but later discovered the 2nd Defendant had the capacity to sell the land to Westlink Developers Limited before the consent order.

Issues

1. Whether the consent order should be set aside due to the 2nd Defendant's alleged lack of capacity to sell the land.
2. Whether the Plaintiffs' vacating the suit property on April 30, 2008, and settling the suit upon payment of agreed amount is enforceable.

Reasoning

The Plaintiffs' claim that the 2nd Defendant had no capacity to sell the land is not supported by the evidence. The land had already been transferred to Westlink Developers Limited by a grant dated December 7, 2007.

Outcome

The consent order is set aside.