Premier Flour Mills Limited & 5 others v Ecobank Kenya Limited & 2 others [2019] KEHC 3968 (KLR)
- Court
- High Court of Kenya
- Case number
- 3968
- Citation
- [2019] KEHC 3968 (KLR)
- Decided
- 26 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from a consent order and interlocutory injunctionCoramAs Windham, Hancox
Holding
The court finds that the plaintiffs have not made out a case for the review or setting aside of the consent order.
Facts
The plaintiffs filed a suit against the defendants seeking various orders including an injunction to prevent the defendants from selling or alienating certain parcels of land and from appointing a receiver. The defendants filed a consent order on May 12, 2017, which was adopted by the court.
Issues
- Whether the consent order should be varied and/or set aside.
- Whether the plaintiffs have made out a case for the granting of orders of injunction.
Reasoning
The court held that the consent order cannot be varied on the grounds of breach of terms, as it would require fraud, collusion, or mistake, none of which were established.
Outcome
The application for the setting aside of the consent order is dismissed.
Authorities cited
Cases cited (4)
- Flora Wasike v Desterio Wamboko
- National Bank of Kenya Ltd v James Orengo
- Samuel Mbugua Ikumbu v Barclays Bank of Kenya Ltd
- Board of Trustees National Social Security Fund v Michael Mwalo
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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