Kericho Guest House Enterprises Limited v Kenya Breweries Limited [2018] KEHC 2672 (KLR)
- Court
- High Court of Kenya
- Case number
- 2672
- Citation
- [2018] KEHC 2672 (KLR)
- Decided
- 1 November 2018
The court finds the plaintiff's application to set aside the consent order without merit and dismisses the application.
Facts
The plaintiff and defendant had a distributorship agreement that expired on 30 April 2018. The plaintiff filed a suit seeking payment of Kshs.30,374,625/- deducted from its beer account. The parties entered into a consent order to refer the matter to arbitration, but the plaintiff later filed an application to set aside the consent order.
Issues
- Whether the plaintiff has satisfied the conditions for setting aside the consent order dated 13th November 2017.
- Whether the defendant is entitled to terminate the distributorship agreement and proceed with parallel distributorship agreements.
Reasoning
The court relies on various legal authorities to state that a consent order can only be set aside on grounds which would justify setting a contract aside or if certain conditions remain to be fulfilled which are not carried out. The plaintiff did not provide evidence of fraud or collusion, and the consent order was entered into with the consent of counsel.
Outcome
Application dismissed
Orders
- The parties are bound by their consent order to refer the matter to arbitration in accordance with their distributorship agreement.
Authorities cited
Cases cited (7)
- S M N vs Z M S & 3 Others [2017] eKLR
- Flora N. Wasike vs Destimo Wamboko [1988] eKLR
- Purcell vs F C Trigell Ltd [1970] 2 All ER 671
- Board of Trustees National Social Security Fund v Micheal Mwalo [2015] eKLR
- Setton on Judgments and Orders (7th Edn), Vol.1 pg 124
- Futureway Ltd vs National Oil Corporation of Kenya Misc Civil Appl. No. 550 of 2016 [2017] eKLR
- CMC Holdings Limited & Another vs Jaguar Landrover Exports Ltd [2013] eKLR
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