Faustina Njeru Njoka v Kimunye Tea Factory Limited [2022] KEELC 491 (KLR)
- Court
- Environment & Land Court
- Case number
- 491
- Citation
- [2022] KEELC 491 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside consent orderCoramHarris
Holding
The application to set aside the consent order will be considered on its merits.
Facts
The defendant, Kimunye Tea Factory Limited, entered into a land sale agreement with the plaintiff, Faustina Njeru Njoka, in 2013. The balance of the purchase price was not paid, leading to legal battles. A consent order was entered in 2021, and the plaintiff now seeks to set it aside.
Issues
- Whether the court was moved under the correct provision and the implication of it on the application?
- Whether the application is properly defended?
- Whether the consent order entered on 8th July 2021 should be set aside?
Reasoning
The court will proceed to determine the application on its merits despite the incorrect provision cited, as the Supreme Court has ruled that such an omission does not render the application fatally defective.
Outcome
The application will be considered on its merits.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Constitution of Kenya
Cases cited (3)
- Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone
- Lazarus Kirech v Kisorio Arap Barno
- Board of Trustees National Social Security Fund v Michael Mwalo
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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