Benson Mbuchu Gichuki v Evans Kamande Munjua & another [2004] KEHC 2614 (KLR)

Facts

In 1993-1995, Evans Kamande Munjua and James Mbuti Kugu (Uplands Agencies) were partners in a transportation business. They faced hardships due to insecurity and lack of funds, leading to a dispute with Norwegian People's Aid. In 1996, they filed a suit against Norwegian People's Aid in Kakamega High Court, but the case was not heard. In 1999, the plaintiff filed an application for summary judgment, which was initially dismissed by Osiemo J, but later reinstated by Osiemo J. The plaintiff then sought to review a consent order entered into with the defendants.

Issues

1. Consent order entered into by the plaintiff and defendants on June 30, 1999
2. Undue influence, inequality of bargaining powers, economic duress, and coercion in the consent order

Reasoning

The court dismissed the application for summary judgment initially but later reinstated it due to the plaintiff's appeal. The consent order was found to be entered into under circumstances of undue influence, inequality of bargaining powers, economic duress, and coercion.

Outcome

The consent order is set aside, and the application for summary judgment is reinstated.