ALI OSHAN,SOUD ABDALLA,JAMES TOLE,MOHAMED ZEIN,ALI MBARAK ALI,VALENTINE MATSAKI,ALYAN MOHAMED,RACHEL KALUNGU,SWALEH KHAMIS,SULEIMAN S. SUMBA vs MRS. CATHERINE KASWII NYIHA,HUSSEIN SWALEH,KHALID HANTOOSH,MOHAMED M. HATIMY,AL-HAD MUHIDIN [2003] KEHC 197 (KLR)
- Court
- High Court of Kenya
- Case number
- 197
- Citation
- [2003] KEHC 197 (KLR)
- Decided
- 13 March 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondents sought to set aside consent ordersCoramP.M. TUTUI, Commissioner of Assize
Holding
The application must fail with costs, but the Notice of Motion dated 25.11.02 is set down for hearing within 2 months.
Facts
The applicants (respondents) filed a motion seeking to set aside consent orders dated December 17, 2002, which were not attended by the respondents. The respondents claimed they were misled by the consent order.
Issues
- Setting aside consent orders
- Effect of consent order on respondents
Reasoning
The court found that the respondents were not on record as representing themselves and that the consent order was not fraudulent, mistaken, or misrepresented.
Outcome
Application dismissed
Orders
- Notice of Motion dated 25.11.02 set down for hearing within 2 months
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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