Rukia Athman Mwarandu & 197 others v James Gachau Kirathe & 13 others [2021] KEELC 4673 (KLR)
- Court
- Environment & Land Court
- Case number
- 4673
- Citation
- [2021] KEELC 4673 (KLR)
The court dismisses the application and sets aside the consent judgment entered by the court, as there is no evidence of fraud, non-disclosure of material facts, or mistake. The matter is ordered to proceed to full trial.
Facts
The plaintiffs initially instructed O.M. Robinson Advocates to act on their behalf in a land dispute. Later, O.M. Robinson entered into a consent with some defendants, acknowledging the plaintiffs' lack of claims in the suit properties. The plaintiffs then instructed Kithi & Company Advocates to set aside the consent and proceed to full trial.
Issues
- Whether the consent judgment entered by the court can be set aside
- Whether the plaintiffs' consent to the compromise was valid and binding
Reasoning
The court found that the plaintiffs' former advocate did not consult or seek their instructions prior to the consent, and the plaintiffs now claim they were guided by their former advocate. The court did not find any evidence of fraud or mistake.
Outcome
Application dismissed
Orders
- Consent judgment set aside
- Matter to proceed to full trial
Remedies
- Costs to the respondents
Authorities cited
Cases cited (2)
- EA 2006
- Flora N. Wasike -vs- Destimo Wamboko (1988) EKLR
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