Joram Ole Tome & another v Meschack Ole Tome & another [2005] KEHC 1399 (KLR)
- Court
- High Court of Kenya
- Case number
- 1399
- Citation
- [2005] KEHC 1399 (KLR)
- Decided
- 14 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside a consent orderCoramP.J. RANSLEY
Holding
The application is dismissed with costs to the Respondent
Facts
The 1st Plaintiff and 4th Defendant were not present at the consent order recorded on 13.10.99. The 1st Plaintiff was deceased at the time.
Issues
- Whether the application is brought under the correct order of the Civil Procedure Rules
- Whether the consent order should be set aside due to the absence of the 1st Plaintiff and 2nd Plaintiff
Reasoning
The application is brought under the wrong order and lacks bona fides due to the delay. There is no evidence of fraud or mistake to set aside the order.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- Munyiri Versus Ndunguya (1985) KLR page 370
- Hirrani versus Kassam {1952} E.A.C.A. Vol.19 page 131
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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