Margaret Walegwa Mawamwandu & others v Changamwe Housing Scheme Ltd & another; Garissa Mattresses Ltd (Aggrieved Party) [2020] KEELC 3776 (KLR)

Facts

The suit was initially filed in 2010 and resulted in a judgment in favor of the plaintiffs declaring they have acquired title to the land by adverse possession. The defendants appealed but did not pursue the appeal. After judgment, the plaintiffs changed law firms and executed a consent to wholly discontinue the suit. The defendants then filed an application to stay the decree and seek injunction, which was dismissed. The plaintiffs then filed a consent to set aside the judgment and discontinue the suit, which was executed.

Issues

1. Whether the plaintiffs can set aside the dismissal orders and relist the matter for hearing.
2. Whether the plaintiffs can review and set aside the dismissal orders and reinstated the judgment.
3. Whether the plaintiffs can implement a ruling dated 21/07/2016 in case No. 316 of 2014.
4. Whether the plaintiffs can obtain costs of the suit.

Reasoning

The judgment was set aside by consent, and the suit was either withdrawn or dismissed for want of prosecution. There is no suit for prosecution before the court, and no decree in favor of the plaintiffs that may be executed.

Outcome

Application dismissed