West Kenya Sugar Company Limited v Kenya Union of Sugar Plantation and Allied Workers [2018] KEELRC 409 (KLR)

Summary at a glance

Facts

The respondent filed a counter claim against the claimant, and the court of appeal upheld the consent order.

Issues

• Whether the consent order entered into by counsel is binding on all parties to the proceedings
• Whether the consent order can be set aside or varied

Reasoning

The court held that a consent order entered into by counsel is binding on all parties unless it is proved that it was obtained by fraud or collusion or by an agreement contrary to the policy of the court.

Outcome

Appeal dismissed

Orders

• Application to set aside or vary the consent order is dismissed with costs

Authorities cited