William Ndeti v NIC Bank Limited [2021] KEHC 5567 (KLR)
- Court
- High Court of Kenya
- Case number
- 5567
- Citation
- [2021] KEHC 5567 (KLR)
- Decided
- 15 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramHarris
Holding
The consent order dated 2/7/2015 cannot be set aside as the Plaintiff has not fulfilled his obligations under the consent order.
Facts
The Plaintiff, William Ndeti, owed a significant amount to the Defendant, NIC Bank Limited, and had entered into a consent order dated 2/7/2015. The Plaintiff later sought to set aside this consent order.
Issues
- Whether the consent order dated 2/7/2015 can be set aside
- Whether the Plaintiff has fulfilled his obligations under the consent order
Reasoning
The court held that the consent order was binding and could only be set aside on grounds of fraud, collusion, or if it was given without sufficient material facts. The Plaintiff has not provided sufficient grounds to set aside the consent order.
Outcome
The Plaintiff's application to set aside the consent order is dismissed.
Orders
- The Plaintiff's application to set aside the consent order is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Evidence Act
Cases cited (5)
- GIELLA –VS- CASMAN BROWN
- Uhuru Highway Developers Ltd –vs-Central Bank of Kenya and 2 Others
- Flora N. Wasike -vs- Destimo Wamboko
- Kenya Commercial Bank Ltd V Specialised Engineering Co. Ltd
- J M Mwakio vs Kenya Commercial Bank Ltd Civil Appeals 28 of 1982 and 69 of 1983
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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