Siprosa Achieng Ondari v Josiah Obuogi Okumu [2022] KEELC 1284 (KLR)
- Court
- Environment & Land Court
- Case number
- 1284
- Citation
- [2022] KEELC 1284 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to rectify a consent order, Plaintiff opposesCoramHON. A. Y. KOROSS
Holding
The consent order should not be rectified as it would substantially alter the substance of the order and modify the parties' intention.
Facts
The defendant sought to amend a consent order dated 5/3/2020, claiming the plaintiff had encroached on his land and that his brother had misled the court.
Issues
- Whether the consent order should be rectified by deleting orders 2 and 3
Reasoning
The court found that the consent order was entered into by consent of the parties' advocates and that the defendant's brother did not attend court. The court held that rectifying the order would be tantamount to setting aside the consent order.
Outcome
The motion is dismissed, and costs are awarded to the plaintiff.
Orders
- Notice of Motion dismissed
- Costs to be borne by the defendant
- Case to be mentioned for directions
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Supreme Court Act
Cases cited (2)
- JOSEPH FRANCIS MAKOKHA v RAPHAEL SIMIYU WEKESA & another [2009] eKLR
- Fredrick Otieno Outa v Jared Odoyo Okello & 3 others [2017] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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