MARCELLUS LAZIMA CHEGE v MARY MUTORO SIRENGO & another [2009] KEHC 2843 (KLR)

Facts

The applicant entered into a lease agreement with the plaintiff on July 1, 2000, and later entered into a contract with Kibera Solidale-Italia Sididale. The applicant instructed their advocates to facilitate the payment of a sum to the plaintiff. The plaintiff and the applicant's advocates entered into various agreements and consent judgments contrary to the applicant's instructions. The applicant sought a stay of execution of the consent judgment.

Issues

1. Whether the applicant's advocates acted in bad faith and contrary to the applicant's instructions.
2. Whether the applicant's advocates entered into the consent judgment without the applicant's consent.
3. Whether the applicant can resile from the consent judgment.

Reasoning

The advocates had ostensible authority to compromise the suit or enter into any consent judgment. The applicant is merely trying to resile from a valid consent judgment.

Outcome

Application dismissed

Authorities cited