OLOOLOLO GAME RANCH LIMITED v COUNTY COUNCIL OF TRANSMARA [2010] KEHC 882 (KLR)
- Court
- High Court of Kenya
- Case number
- 882
- Citation
- [2010] KEHC 882 (KLR)
- Decided
- 16 July 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureCounty Council of Transmara seeks to set aside a consent order and decree entered into on 28 August 2007, claiming it was entered into without proper authority and was a misrepresentation of material facts.CoramASIKE-MAKHANDIA
Holding
The application is dismissed with costs to the respondent.
Facts
The County Council of Transmara sought injunctive orders against Oloololo Game Ranch Limited in March 2007. The respondent's advocates advised settlement outside court, and the applicant's advocates recorded a consent on behalf of the applicant. The consent was later challenged by the applicant.
Issues
- Whether the consent order and decree entered into on 28 August 2007 were valid and enforceable.
- Whether the applicant's advocates acted within their authority and in accordance with the applicant's instructions when recording the consent.
Reasoning
The court finds no merit in the application. The applicant's advocates acted within their authority and in accordance with the applicant's instructions. The delay in filing the application is inadmissible.
Outcome
Dismissed with costs
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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