Nicholas Kiprop Kosibei & 49 others v Willie Kipngeno Komei & 33 others [2016] KEHC 7143 (KLR)

Facts

The plaintiffs and defendants are in a land dispute over 83 acres of land. The plaintiffs claim that the defendants encroached on their land and carved out plots for their members, without affecting the plaintiffs' occupation. The plaintiffs want the titles of the defendants on the disputed portion cancelled and a declaration that they have obtained title through adverse possession.

Issues

1. Whether the consent order recorded in court was that agreed by the parties
2. Whether the application to set aside the consent order should be granted

Reasoning

The court found that the consent order recorded was pursuant to the parties' instructions and was freely entered into. The court did not see any evidence that the advocates were mistaken when they recorded the subject consent. The court dismissed the application on the material tendered.

Outcome

Application dismissed

Authorities cited