Budhia Builders and Erectors v IMA Agencies Limited [2016] KEHC 2699 (KLR)
- Court
- High Court of Kenya
- Case number
- 2699
- Citation
- [2016] KEHC 2699 (KLR)
- Decided
- 12 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks to dismiss the suit with costs pursuant to a consent order from the Court of Appeal.CoramD.S. MAJANJA, Mr Othiro, Mr Yogo
Holding
The court formally dismisses the suit as the consent order has taken effect and the plaintiff has not taken any preliminary steps to comply with the consent.
Facts
The suit was filed in 1993 and was dismissed by Gacheche J. in 2003. The defendant applied to dismiss the suit for want of prosecution, and the Court of Appeal recorded a consent order to dismiss the suit with costs to the appellant.
Issues
- Whether the court has jurisdiction to review and set aside the consent order.
- Whether the plaintiff has established grounds to enable the court to permit him to prosecute the suit.
Reasoning
The court does not have jurisdiction to set aside the consent order as there is no evidence of fraud, collusion, or mistake. The plaintiff did not file an application for extension of time to comply with the consent.
Outcome
The suit is formally dismissed.
Authorities cited
Cases cited (3)
- Gateway Insurance Company Limited v Aries Auto Sprays NRB CA Civil Appeal No. 317 of 2004 [2011]eKLR
- Hirani v Kassam [1952]
- Flora Wasike v Destimo Wamboko [1988] 1 KAR 625, 629
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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