Phillip Achiki Ndubi & another v Anil Taylor [2013] KEHC 1964 (KLR)
- Court
- High Court of Kenya
- Case number
- 1964
- Citation
- [2013] KEHC 1964 (KLR)
- Decided
- 7 October 2013
The plaintiffs' application is dismissed with no order as to costs.
Facts
The plaintiffs, Phillip Achiki Ndubi and Elijah Monda Nyanchoka, brought a suit against the defendant, Dr. Anil Taylor, claiming wrongful eviction of their school land and equipment. They entered into a consent order on March 18, 2013, where the defendant agreed to pay 80,000 KES and the plaintiffs would discontinue the suit and take their properties. The plaintiffs later claimed the defendant breached the consent order by taking their properties.
Issues
- Whether the consent order has been disobeyed
- Whether the court can grant an injunction to restrain breach of contract
- Whether the consent order can be set aside
Reasoning
The court found that the consent order was not an enforceable court order and that the defendant did not breach the terms of the consent. The court also ruled that the consent order cannot be set aside.
Outcome
Application dismissed
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